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Home My WebLink AboutFinal Tract Map 15082,15083,15084,15086-Shea Vickers Residen } X City of Huntington Beach rF. P O Box 711 CALIFORNIA 92648 TELEPHONE 714 536.5200 FAx 714 374.1603 SHARI L. FREIDENRICH CITY TREASURER November 2, 1999 CERTIFIED MAIL American Home Assurance Company 70 Pine Street New York,NY 10270 To Whom It May Concern: This is to inform you the City Council of the City of Huntington Beach, on October 18, 1999, approved the release of the following bonds: Tract# 15082 Faithful Performance and Labor & Material Bond No. 17 99 18 Monument Bond No. 17 99 19 We are releasing the bonds and have enclosed them for your file. Also enclosed, is a copy of the City Council Action approving the release of the above-referenced bonds. If you have any questions regarding this matter, please contact me at (714) 536-5200. Sincerely, Shari L. Freidenrich, CPA, CCMT City Treasurer Enclosures cc: Shea Vickers Residential, LLC 655 Brea Canyon Road Walnut, CA 91.788 Bob Beardsley, Director of Public Works (no attachments) Connie Brockway, City Clerk (no attachments) 1.j:`.Den i ne'.Shari'•Letters'•.Bond U44 CITY OF HUNTINGTON BEACH V" 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK December 3, 1999 Gary L. Granville, County Clerk-Recorder P. O. Box 238 Santa Ana, CA 92702 Enclosed please find "Acceptance of Public Improvements" for Tracts 15084, 15082, 15086 and 15083 that were recently returned to our office for the City's Clerk's Certification Stamp. Please record these acceptances and return to the City of Huntington Beach, Office of the City Clerk, 2000 Main Street, Huntington Beach, CA 92648. Please return conformed copies of the acceptances when recorded and return to this office in the enclosed self-addressed stamped envelope. z�,W� Connie Brockway, CIVIC City Clerk Enclosures g:\followup\deedltr: GAfb11owup\deed1tr (Telephone:714-536.5227) I CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK November 2, 1999 Gary L. Granville, County Clerk-Recorder P. O. Box 238 Santa Ana, CA 92702 Enclosed please find "Acceptance of Public Improvements" for Tracts 15084, 15082, 15086 and 15083 that were recently returned to our office for the City's Clerk's Certification Stamp. Please record these acceptances and return to the City of Huntington Beach, Office of the City Clerk, 2000 Main Street, Huntington Beach, CA 92648. i Please return conformed copies of the acceptances when recorded and return to this office in the enclosed self-addressed stamped envelope. Connie Brockway, CIVIC City Clerk Enclosures g:\followup\deedltr: G:\followup\deedltr (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 Zoning and Subdivision Ordinance Section 255.22) PLEASE TAKE NOTICE THAT on September 22, 1999, the City Engineer considered the subdivision improvements. described below, and found them to have been completed satisfactory and accepted, as limited by Huntington Beach Zoning and Subdivision Ordinance 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. 15086. Public improvements constructed consist of all the domestic water system and appurtenances within the private streets as defined and conditioned by the City on Tentative Map 14700. 'he foregoing instrument is a correct opy -of the original on file in this office. CITY:OFH TINGT EACH ttest�� 19-9 CONS-BROC ��'�Y by: Deputy City Engineer ty Clerk ar,d L -D lido Cier,; of t; e C;ty a Ancil of the City of Huntingto Beach, Deputy f-/by: City Attorney 9/a 36219 ThIlls dcctzrrent is cai^'� fcrthe Tax-Exempt-Government Agency ^c: 3 'a•:c. �;. -.a,0 fz O , CITY Or -UNTINIG ION BEACH C e B oc::•.�y��'•y cilw z;rjou j ba Vrecorded B free of charge. peaty City Clerk I RETURN ADDRESS: • //-/- 9 iJhK /� �E OCT e U ia ez c=N Nam. � .3`JX Regretfully your unrecorded PCE''T Of= R;B, /mP. naming Ccry together with your remittance of $ Ck. No. 1J/01 is being returned as your document is deficient in the area(s) indicated below: (1) The recorder can find no provision in the law authorizing the recording of the enclosed document(s). (2) Recording cannot be performed in this county. Please forward your document to County Recorder. (3) For proper indexing: a. "Et al" is not acceptable; all parties must be named. b. The name of the company, corporation or partnership must be at the signature point. c. The trustee of a trust must be identified as such. d. The names in the caption, execution and notary acknowledgment must match. e. The caption of the document and signature point need to identify who the custodian/agent represents (4) The Documentary Transfer Tax declaration must be completed to show either the amount of tax due or an acceptable reason for exemption. (See enclosed bulletin.) If there is"No consideration," document must so state. (5) The city where the property is located or"unincorporated area," is required on the deed and the tax declaration must indicate how the tax was computed. (6) The preliminary change of ownership report is required. Please complete or correct the areas marked in red. (7) The notary acknowledgment is incomplete (please see red mark) or is on an outdated form. A "General Acknowledgment" form is required. (See enclosed sample.) (8) The notary seal is illegible. You may have the notary restamp the document clearly or you may complete the enclosed certification under the penalty of perjury. Adding the "Penalty of Perjury" statement will increase the fee by $ (9) Portion(s) of the document are illegible (please see red mark). You may execute and submit a new original, or complete the enclosed certification under penalty of perjury. Adding the "Penalty of Perjury" statement will increase the fee by $ (10) The legal description/exhibit has been omitted. All exhibits must be referenced in the body of the document and appropriately labeled. (11) Recording reference (date and document number or book and page) of the prior recorded document is incorrect or was omitted. (12) Abstracts of judgment must contain the address of the judgment creditor(s), the address of the judgment debtor(s) and the address at which the summons was served or mailed. (13) Pursuant to Government Code sections 27288.1 and 27201, all parties whose interest is affected must be named and identified (i.e. owner etc.). (14) To properly perfect a security interest, this UCC-1 must be filed with the Secretary of State, Uniform Commercial Code Division, P.O. Box 1738, Sacramento, CA 95808, unless it is a "fixture filing" pursuant to UCC section 9313. Any Financing Statement covering fixtures must include a statement that it is a fixture filing to be recorded in the real estate records, a description of real property in Orange County and, if the debtor does not own the real property, the name of the owner. (15) We have received your check without a document or letter of instruction. We are unable to determine the intent of the fees. (16) The correct fee is $ If an attachment is added to the document, the fee will increase as stated on the attached ffee schedule. ✓-- (17) OTHER: PX-ra,Cc<_-f1 (-) ,r �C+4 THANK YOU FOR YOUR COOPERATION GARY L. GRANVILLE, COUNTY CLERK-RECORDER Please return to: 1� _ Clerk-Recorder BY 1�p,� CO\"]c. P.O. Box238 Deputy Recorder Santa Ana, CA 92702-0238 -o F0662-105(R10/96) (714) 834-2887 CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK h CONNIE BROCKWAY CITY CLERK 0 LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/ 4 REDEVELOPMENT AGENCY OF THE CITY OF HUNTII�ZGTON BEACH Y. DATE: O67� M}� TO: v�e2-/ /Lam. +S �l,C�[[�ATTENTION: N e Q 1B!'A/ yD nyo 4 DEPARTMENT: _.-r 1 Sec gz;�71/>L, C'f3�/rGO,e�//9 ��7d D REGARDING: City,State,Zip /�:-CAL;�/�nC�iQ. OF 1,��✓�/�e�!�7, See Attached Action Agenda Item ,e�— — Date of Approval g 9 Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. - Re arks: / 77-,q-"d ff� 6 /9-0' T/ o W Connie Brockway City Clerk Attachments: Action Agenda Page Agreement Bonds Insurance = k RCA Deed Other Leo. CC: t �2�h l�Y o�2 ✓ Jd 5='' N ment, RCA Agreement Insurance Other De ::` • W D Na De ment RCA Agreement Insurance Other Name Department RCA Agreement Insurance Other Name Department RCA Agreement Insurance Other Risk Management Dept. Insurance - Received by Name-Company Name-Date h= ' "R QFollowup/coverltr ` (Telephone:714-536-5227) t affect its obligation on this bond,and It does hereby waive notice of any such change,extension,alberabon or addition. In witness whereof,this Instrument has been fully executed by the principal and surety above named,on March 17 __'jg 97 SHEA VICKERS RESIDENTIAL, LLC, a Delaware limited liability company By:SHEA HOMES LIMITED PARTNERSHIP,a California limited partnership,its member. By:J.F.SHEA CO. ,INC., a le rpora ion, its general partner By:_ Vice Preside t Aq.s4stant Secretary � AMERICAN HOME ASSURANCE COMPANY as Surety By- Patricia H. Brebner, Attorney-in-Fact APPROVFD S TO FORT Attorney. ity_Attorney, I American Home Assurance Com . ny POWER OF ATTORNEY National 6nion Fire Insurance Company of Pittsburgh, Pa. Principal Bond Office:70 Pine Street,New York,N.Y. 10270 No.05-B-51308 KNOW ALL MEN BY THESE PRESENTS: That American Home Assurance Company, a New York corporation, and National Union Fire Insurance Company of Pittsburgh, Pa.,a Pennsylvania corporation, does each hereby appoint. —Tana Darnell Meo,Kathleen Creedon,Timothy Cow,Patricia H. Brebner: of Irvine, California— its true and lawful Attorneys)-in-Fact, with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and Writings obligatory in the nature thereof, issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF,American Home Assurance Company and National Union Fiic Irisurance-Company of Pittsburgh, Pa-. have each executed these presents 4,0 - this 18th .day of ..vembcr.19994, ,I-kt illiam D. Smith,-'President .as STATE OF NEW YORK } COUNTY OF NEW YORK}ss. On this 18th day of November 1994, before me came 1 the above named officer of American Home Assurance Company and National Union Fire Insurance Company of uo Pittsburgh, Pa., to me personallyknown to be the individual r; k and officer described herein, and acknowledged that he C- 'y executed the foregoing instrument and affixed the seals of Tcrm Exa'reS Jan. said corporations thereto by authority of his office. CERTIFICATE Excerpts of Resolutions adopted by the Boards of Directors of American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh,Pa. on May 18, 1976: "RESOLVED,that the Chairman of die Board,the President,or any Vice President be,.and hereby is, authorized to appoint At,omeys4r.-Fact to represent and act for and on behalf of the Company to execute bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof,and to attach thereto the corporate seal of the Company,in the transaction of its surety business;. "RESOLVED,that the signatures and attestations of such officers and die seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed Aith.respect to any bond, undertaking, recognizance or other contract of indemnity or writing obligatory in the nature thereof, "RESOLVED,that any such Attomey-in-Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert in such certification the date thereof,said date to be not later than the date of delivery thereof by such Attorney-in-Fact." I, Elizabeth M. Tuck, Secretary of American Home Assurance Company and of National Union Fire Insurance Company of Pittsburgh; Pa. do hereby certify that the foregoing excerpts of Resolutions adopted by the Boards of Directors of these corporations,and the Powers of Attorney issued pursuant thereto,are true and correct,and.that both die Resolutions and die Powers of Attorney are in full force ard'ef ccl.' IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of each corporation Z,,,. }k�LUs this 17th day of March , 1997 . 000 �+"n) �,�� Elizabeth M. Tuck, Secrctzry CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT r` No.5907 State of California ) County of Or ( On March 17 1997 before me, Rhonda C. Abel , Notary Public , DA E NAME,TITLE OF OFFICER-E.G.,"JANE DOE.NOTARY PUBLIC" 'y personally appeared Patricia If. Brebner , NAME(S)OF SIGNER(S) ` ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person( whose name(-s4 is/afe subscribed to the within instrument and ac- knowledged to me that 44e/she/t#e* executed the same in #Fs/her/4444- authorized , ( capacity(ke ), and that by 4:+s/her/#�94 signatureE&) on the instrument the-psrsom(4, -.&r the entity upon behalf of which the person( acted, executed the instrument. WITNESS my hand and official seal. �y %my RHONDA C.ABELa COMM.#999644 Notary Public—California SIGNATURE OF.NOTARY ORANGE COUNTY Comm.Expires AUG 9.1997j,. OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED , ❑ GENERAL ❑ ATTORNEY-IN-FACT . NUMBER OF PAGES t ❑ TRUSTEE(S) i. ❑ GUARDIAN/CONSERVATOR ❑ OTHER: i DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE ,i ©1993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184•Canoga Park.CA 91309-7184 BOND NO. 18-20-94 PREMIUM $130.00 FAITHFUL PERFORMANCE BOND ` WHEREAS,the City Council of the City of Huntington Beach,State of California,and Shea Vickers Residential, LLC (hereinafter designated as'principal")have entered into an agreement whereby principal agrees to install and complete designated public improvements,which said agreement,dated 19 ,and identified as_project 15086 is hereby referred to and made a part hereof;and WHEREAS,said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement Now,therefor,we,the principal and American Home Assurance Company as surety,are held and firmly bound unto the City of Huntington Beach,hereinafter called'City,the penal sumof Twerity thousand ninety five and no/100----- dollars($ 20,095.00 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 covenant,condition 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 rml;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. 1 The surety hereby stipulates and agrees that no charge,extension of time,alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond,and it does hereby waive notice of any change,extension of time,alteration or addition to the terms of the agreement or to the work or to the specifications. In witness whereof,this instrument has been duly executed by the principal and surety above named,on March 17 19 97 SHEA VICKERS RESIDENTIAL, LLC, a Delaware limited liability company By: SHEA HOMES LIMITED PARTNERSHIP, a California limited partnership, its Member 'By: J. F. SHEA CO., INC., a Nevada corporation its gPnPral partner as Principal B A AMERICAN HOME ASSURANCE C014PANY as Surety i By Patricia H. Brebner By Attorney-in-Fact r^11 T�ponld ?P p torn�Y l;i LY Americar. biome Assurance Company POWER OF ATTORNEY National-Union Fire Insurance Company of Pittsburgh, Pa. Principal Bond Office: 70 Pine Street,New York, N.Y. 10270 No.05-B-51308 KNOW ALL MIEN BY THESE PRESENTS: That American Home Assurance Company, a New York corporation, and National Union Fire Insurance Company of Pittsburgh, Pa.,a Pennsylvania corporation, does each hereby appoint —Nana Darnell &leo,Kathleen Crecdon,Timothy vow,Patricia H. Brebner: of Irvine,California its true and lawful Attorney(s)-in=Fact, with full authority to execute on its behalf bonds,:undertakings:•recogni�. and other contracts of irldemnity and writings obligatory in the nature thcrcof,.issued in the course of its business, and to bind the respective company thereby. IN Wa1i' I'iS 1iIER)rJF.American iibme A✓sura;rce Compar:y and Nati�SrtaF Union rir�ins�iiaiitb company ofrpitisbu: h; Pa. have each executed these presents ihi-~!'pith day of 'o� n;pe:cr 1994.� .� Ile d illiam D. Srriith;1Presidcnt STATE OF NEW YORK ; COUNTY OF NEW YORK}ss. J. On this 18th day of November 1994, before me came -> -the above. named officer of American Home Assurance Company and National iltuon Fire insurance Company of "CrIEPH B. I jZ," t10 ' Pittsburgh, Pa., to me personally to be the individual �:; „�. �,�_�_,;a r:.'k. and officer described herein, and acknowledged that he r;,,,:: r.:.: Cou•,rr executed the foregoing instrument and axed the seals of Term Exp;res Tin. 31, said corporations thereto by authority of his office. t CERTIFICATE Excerpts ofResclutions adopted by 4he Boards.ofDirmfors of American.Iionie Assurancc.Company and National Uniori Fire Ins&aner.Company of Pittsburgh,Pa.cn%4av 18, 1976: ;.;^R q1Q. YED,;tttat,the Chairman of the Po u-d;:the President,cr anv Vicc PTesident be;,arr+hcrcby is---- dh&-izcdwlo :pp6irt Atto,:,r_ys=-'n-F{sct to repres nt and act for sort!on behalf of the Company to execute fonds; IstdCl�akings, rccogniuinces and othdf contiacts'of indcmnitv`and writings :•.,obligatory in the nntttie thereof,and to attach thereto the corporate seaf.of'he.Compa:.y,in-the transact:io'n•ofits wiz �•Usinrss; • •. "RE: . VT_} that the sig rahucs and attestations of such ofliccrs and the seal of the Con, may be afl xcd fo•�sy Such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall 1v valid."d binding.upon J-he Company when so affixed vith TCSPL(:t io any buid, undertaking, :ca bgaizali(-,Crr other contr ct of yndef:pity or v,T1ting obligatory±n the ns.tw:thereof "RESOLVED,that any such Attorney-ir.=fact delivering a secretariatcctiitication that the foregoing resolntiotts stilt bk in effectniay insert in Stich Ce"L;fication t.'.0 d-4ce ihctcof,sr:id date tv be not 1£:teLthzn_the latc of.:.'eiiYCry Ltereof by szx !�II!�tnCy-ilt=Fact:" 14.E1i71ibedi ivi. Tuck, :c:et ty .I�k ni t.-rican. FIome Assurance Co nixLny v.n&of: laticna, Union Fire insurance*Commuiv or Pittsburgh; i'a.'-o 11=-oy:ef-aiiy dtat.t}Ie Corego'ng ;: cTpu of R:^solut.io:is•rdopted by:tb: Boaids of Directors of these ccrporations;'and the PoWicrs=of attorney ' .:_'ISSeIC(l.'pI:.CSL'f:.nt L`;e;-CIO.£Se tnic)uid correct and that�bz'h dw Rm-!u io.nS Ind the i r,:.•crs of Ailom ey a,.:ili full UtC::'and'i;frcct;' - .. IN WITNESS WHEREOF,1 have hereunto set my hand-and alTixed.the facsi!niL:s,:,al of ach cororarioti " �V, • �,�� this 17th dayof. March 1997 v`� r• km �*! Elizabeth M. Tuck, Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California County of Orange On March 17, 1997 before me, M. Mackelprang, Notary Public DATE NAME,TITLE OF OFFICER•E.G.,'JANE DOE,NOTARY PUBLIC' personally appeared Patricia H. Brebner NAME(S)OF SIGNER(S) i 1. ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(-s) whose name(-&) is/aye subscribed to the within instrument and ac- knowledged to me that 4ie,1she/t#et executed the same in h4/her/44e-k authorized capacity(+ee), and that by 44saher/44e4 signature(.&) on the instrument the PSreef(e}, M.MACKELPRANG 9i the entity upon behalf of which the Commission#1120831 person(&) .acted, executed the instrument. Notary Public—Ca►itomia Orange County My Corn::,.Expires Dec 26,2000 WITNESS my hand and official seal. SIGN TORE OF NOTARY OPTIONAL Though the data below is nit required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of Ois form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) , ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE %A 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park.CA 91309-7184 ♦ w STATE OF CALIFORNIA } } SS. COUNTY OF LOS ANGELES } On March 19, 1997 before me, Kimberly Sue Lawrence, a Notary Public in and for said state, personally appeared Linda C. Tong and Layne Marceau, personally known to me, to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities and that by their signatures on the instrument the persons or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. 1 Signature (This area for official notarial seal) • WAO&Y Stk LAV MXX CCrrITAdM#1108146 o xvido coin► My carrm E>;ire1 AM 9.2000 THIS CERTIFICATE Title or Type of Document: Monument Bond, Shea Vicker Residential, LLC. Tract 15086,Bond#18-20-95 Number of Pages: 3 Date of Document March 17, 1997 • BOND NU._ 18-20-94 • PREMIUM Included in f charge for performance bond LABOR AND MATERIAL BOND WHEREAS,the City Council of the City of Huntington Beach,State of California,and Shea Vickers Residential , LLC (hereinafter designated as'Principal')have entered into an agreement whereby principal agrees to install and complete designated pubic improvements,which said agreement dated _ 19__ _and identified as project 15086 ,is hereby refermd to and made a part hereof;and Wl IEREAS,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 ernpkryed in the perirxmance of the aforesaid agreerrrent and referred to in the aforesaid Code of Civil Procedures in the sum of Thi rteen thousand forty eight and noLOU— dollars($_13.,048.00 ),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 enforring such obligation,to be awarded and fuued by the coin and to be taxed as casts and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall insure 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 condhion of this bond be fully performed,then this obligation shall become nuh and void,otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change,extension of time,alteration or addition to the terms of said agreement or the specifications accompanying the same shall In any manner 1 R090 affect its obligation on this bond,and it does hereby waive notice of any such change,extension,afterabon or addition. In witness whereof,this Instrument has been fully executed by the principal and surety above named,an March 17 19 97 SHEA VICKERS RESIDENTIAL, LLC, a Delaware limited liability company By:SHEA HOMES LIMITED PARTNERSHIP,a California limited pattnership,it member By:J.F. SHEA CO.,---IITC.`a a rpora ion, its general partner By:_ Vice President istant Secretary AMERICAN HOME ASSURANCE COMPANY as Surety By: By: Patricia H. Brebner, Attorney-in-Fact APP :D AS TO FORM"tornoY. GAI 1{UTTO �� BY: DeP Y G ,� Attor eY. �' J .--:�P Arngrican Eforne Assuvance C o►aapany POWER OF ATTORNEY National Union Fire Insurance Company of Pittsburgh, Pa. Principal Bond Office: 70 Pine Street, New York, N.Y. 10270 No.05-B-51308 KNOW ALL MEN BY THESE PRESENTS: That American Home Assurance Company, a New York corporation, and National Union Fire Insurance Company.of Pittsburgh, Pa.,a Pennsylvania corporation, does each hereby appoint -Jana Darnell Alco,Kathiken Creedon,Timothy Cow,Patricia 11. Brebner: of Irvine, California— its.true and lawful Attorney(s)-in-Fact, ,with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of.indemnity and writings obligatory in the nature thereof, issued in the course of its business, and to bind the respective company thereby. IN.•WI'1NESS.HEREOF,American Horne Assurance Company and Nabonal Union Fire Insurancd Company of Pittsburgh; Pa. have each executed these presents ..' '`` }u ;his_l8th day of Novembcr 1991. n, , Q -William D. Smith;President '� STATE OF NEW YORK } COUNTY OF NEW YORK)ss. On this 18th day of November 1994,before me came the above named officer of American Home Assurance Company and National Union Fire Insurance Company of :GStFy e. tt:�-'c`uo tJclnr,• Pittsburgh, Pa., to me personally known to be the individual N-- and officer described herein, and acknowledged that he C:L;t"1r .1.: : c=w,rr executed the foregoing instrument and affixed the seals of Tcrm Exp,res J.,n. 31, said corporations thereto by authority of his office. CERTIFICATE ExcA:rpts of Resolutions adopted by the Boards of Directors of American Home Assurance Comparry and National Union Fire Insurance Company of Pittcburgh,Pa.on May 18, 1976: . .. . .:;RESOLA E)),:aiat'1ie-hairman of the Board, the President, or ary Vice President be;and hemby is,authorized! appoint Attorneys-in-Fact to repa'esent and set f�l`and on behalf of Lhe Company to execute bonds, undertakings, recognivances and other contracts of indemnity and writings Obligatory in the nature Ltiereof,ar+d to attach thereto the corporate seal of the Company,in the transaction of its study business; RESOLVED,that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of A t nicy or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be vaiir1 and binding upon the Company when so affixed %%ith reslvct to airy bond, tutdertakirg, recognizance or other.contract of indemnity or W+:ling obligatory,in the natur-e thzrcof; w. .'RESOLV-LD,that any such Attorney-in-Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert in such oc tification the date thereof-said date to be not later than L`te date of dcliv=r thereof by such Attorney-in-Fact. I,.Elizat�ttt,lvi. l'u:i<, Secretary of fimerimn Home Assur,mce Company and of National Union Fire fnsurance Cornpruiy of i!tsbu,;h; Pji: do hereby cuai.i nat_t]ie iorLgoing excerpts of Resoltaions adopted by the Boai:ds of Directors of these comorations, and tile i givers of Attorney -4SLl^d'3usus.rrt tl-.crct:o,are true mid ao.rcct,v:d!liat boll:he Resolutions and tlit.Powers of_r.ttornvy are in full force and effect.— IN WITNESS WHEREOF,I have hereunto set my hand and atf-ixed the facsimile seal of each corporation ,,:,,�� this 17th day of March , 19 97 . i • ' Elizabeth M. Tuck, Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT N0.s407 State of Cal ifornia County of Orange " On March 17 , 1997 before me, Rhonda C. Abel , Notary Public t DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC' ' personally appeared Patricia H. Brebner l NAME(S)OF SIGNER(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(o whose name(-0 is/,af& subscribed to the within instrument and ac- knowledged to me that 4e/she/#w* executed the same in #4/her/444k authorized capacityo,&a), and that by 44&/her/44e4 signature(.&) on the instrument the ps;raop�4, -e.r the entity upon behalf of which the person(e4 acted, executed the instrument. WITNESS my hand and official seal. RHONDA C.ABEL 7 COMM.#999644 a Notary Public—California T SIGNATURE OF NOTARY ORANGE COUNT My Comm.Expires AUG 9.1997 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMEN7. ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR t` ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE t 01993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave..P.O.Box 7184-Canoga Park,CA 91309.7184 BOND NO. 17-99-19 PREMIUM-b50.00 MONUMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT Shea Vickers Residential , LLC as Subdivider of Tract No. 15082 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 Shea Vickers_Resident id] , LLC (Subdivider) as principal,and American Home Assurance 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 $ 7,250.00__ in which;um 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 WEIEREOF,we have executed this instrument this 17 th _day of March _- 19__97 SHEA VICKERS RESIDENTIAL, LLC, a Delaware limited liability company By: SHEA HOMES LIMITED PARTNERSHIP, a California limited partnership,its Member By: J.F. SHEA CO. , INC. , a Nevada corporation, its general partner as Principal AMERICAN HOME ASSURANCE C014 ANY as Sur g 'vU Patricia II. 8rebner J BY Attorney-in-Fact 9097.01 -American Horne Assurance Company POWER OF ATTORNEY- National Union Fire Insurance Company of Pittsburgh, Pa. Principal Bond Office: 70 Pine Street, New York, N.Y. 10270 No.05-B-51308 KNOW ALL MIEN BY THESE PRESENTS: That American Home Assurance Company, a New York corporation, and National Union Fire Insurance Company of Pittsburgh, Pa.,a Pennsylvania corporation, does each hereby appoint —Jana Darnell Nfeo,Kathleen Creedon,Timothy Cow,Patricia If. Brcbner: of Irvine,California— its true and lawful Attorney(s)-in-Fact, with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF,American Home Assurance Company and National Union Fire Insuratit&Company of Pittsburgh,- Pa. have each executed these presents _: .r '."'°�' ��u�•,o this 18th day of ovembcr.1999 V%A9 �,. ^ �t 'William D. Smith;President STATE OF NEW YORK } COUNTY OF NEW YORK}ss. On this 18th day of November 19994 before me came , the above named officer of American Home Assurance Company and National Union Fire Insurance Company of Jcs�Fy B. No= 'quo Pittsburgh, Pa., to me personallyknown to be the individual NO'"' t;rk " and officer described herein, and acknowledged that he County executed the foregoing instrument and axed the seals-of Torm EAP;.es Jan. 31, said corporations thereto by authority of his off ice. CERTIFICATE Excerpts of Resolutions adopted by the Boards of Directors of American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh,Pa. on May 18, 1976: "RESOLVED,thatthe Chairman of the Board,•the.President,or any Vice Presidcnt.bc,and hereby is, authorized to appoint Attorneys-in-Fact to represent and act for and on behalf of the Company.to execute bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof,and to attach:thereto the corporate-seal of.the Company,in the transaction of its surety business; "RESOLVED,that the signatures and attestations of such officers and.he seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company.when.so affixed with respect to any bond,undertaking, recognizance or other contract of indemnity or writing obligatory in the nature thereof "RESOLVED,that any such Attorney-in-Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert in such certification the date thereof,said date to.be not later than Lhe.date of delivery thereof by such Attorney-in Fact." I, Elizabeth M..Tuck, Secretary of American Horne assurance Company and of National Union Fire Insurance.Company of Pittsburgh,Pa.-Ao hereby.certify that.the foregoing excerpts of.Resolutions adopted by the Boards of Directors of these corporations, and the Powers of Attorney issued pursuant thereto,are true and corzect:,.and.thai:both the Resolutions and the Powers of Attorney are in full force and effect. : - IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of each corporation this 17th dayof March , 1997 . _�9 Elizabeth N1. Tuck, Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of Calif orni a County of Orange On March 17, 1997 before me, t1. flackelprang, Notary Public 1 DATE NAME.TITLE OF OFFICER-E.G.,*JANE DOE.NOTARY PUBLIC- personally appeared Patricia H. lirebner NAME(S)OF SIGNER(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(.&) whose name( is/e+e subscribed to the within instrument and ac- knowledged to me that 49 she/ 4%L executed the same in h4/her/44e4 authorized capacity(4es), and that by 4+e4her/44e-k signature(.&) on the instrument , ' e; the entity upon behalf of which the M.MACKELPRANG person(,s4 acted, executed the instrument. Commission 0 1120831 Z Notary Public—California 9 Orange County WITNESS my hand and official seal. amy Comrn.Expires Dec 26,2000 1, ,/ SIGNATURE OF NOTARY] OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(SI ❑ PARTNER(S) ❑ LJMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSONIS)OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE STATE OF CALIFORNIA } } SS. COUNTY OF LOS ANGELES } On March 19, 1997 before me, Kimberly Sue Lawrence, a Notary Public in and for said state, personally appeared Linda C. Tong and Layne Marceau, personally known to me, to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities and that by their signatures on the instrument the persons or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. Signature , (This area for official notarial seal) ICY SUE LAWRENIX owwwr6don#1108146 tabbyPift-ca wft N►y comrn r Auk q,200D THIS CERTIFICATE Title or Type of Document: Monument Bond, Shea Vicker Residential,. LLC. Tract 15083,Bond#18-20-91 Number of Pages: 3 Date of Document March 17, 1997 BOND NO. 18-20-91 PREMIUM $50.00 _ MONUMENT BOND KNOW ALL MEN BY THESE PRESENTS: ThIAT Shea Vickers Residenticil, LLC as Subdivider of Tract No. 15083 in the City of Huntington Beach,County of Orange,State of California,has sobmitted 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 Shed Vickers. Resi(lential , l_LC (Subdivider) as principal,and American Home Assurance 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 $ 7,500.U0 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 Govern ['Coue of the State of California. IN WITNESS WHEREOF,we have executed this instrument this 17 th —day of March -- -- 19_97-- SHEA VICKERS RESIDENTIAL, LLC, S Delaware limited liability company By:SHEA HOMES LIMITED PARTNERSHIP, a California limited partnership, its Member By:J.F. SHEA CO., INC., a Nevada corporation, its general partner - _ ---- ---- —---- as Principal g� AMERICAN HOME ASSURANCE COMPANY ; To toae: _ as S u a 7. +.y k% Patricia 11. Brebner j By: Attorney-in-Fact_-` - l 809].01 Amcrican Home Assurance Conipany � POWER OF ATTORivEY National Union Fire Insurance Company of Pittsburgh, Pa. Principal Bond Office: 70 Pine Street, Ncw York, N.Y. 10270 No.05-B-51308 KNOW ALL MEN BY THESE PRESENTS: That American Home Assurance Company, a New York corporation, and National Union Fire Insurance Company of Pittsburgh, Pa.,a Pennsylvania corporation,does each hereby appoint —Jana Darnell Meo,Kathleen Creedon,•Timothy Cow,Patricia 11.Brebaer.:. of Irvine,California— its true.and lawful Attorney(s)-in-Fart, with full authority to execute.on its behalf bonds, undertakings; recognizances and other contracts of.indemnity and writings obligatory in the nature thereof, issued in the course of its business,and to bind the respective company thereby. :. INMIT`iE..SS WHEREOF,American Home Assurance Company•and:i•:atianai-Union rue N' issrscc`Cutlipid;iyof`'}'ittsuiirgh;.Pa:' have each executed these presents u , lil:i§_l.I;th day of dqucnff ir•1,99.3. „�� '� y,a►F �Villiain 0. Smith;President STATE OF NEW YORK } -- COUNTY OF NEW YORK)ss. ' On this 18th day of November 199-4 before me came the above named officer of American Home Assurance Company and National Urdor. F ire insurance Cempany of �csEFy B. tMZ JuO Y;rk Pittsburgh, Pa., to me personallyNot.v,•knovm !o be the individual and officer described herein, and acknowledged that he C '::.. : : Cou;�'r executed the foregoing instrument and affixed the seals of Tcrm ExP.res Jin. 31, •��_�.lc. said corporations thereto by authority of his office. CERTIF'CATE Excerpts of Res�lctio rs adapted by the Boards of Directors of American Home Assurance Company and Natior-ai Union Fire Insutaricc:Company cf Pit+sb:n-sh,Pa. or:l�hsy 13, 1976: R.S0IMEl D.ili.:i.•.v!C`ra i of the Bo•L�d,'!_he President,.or.ary Vice:Prr:sidcrt be,and hereby is;.audhoh7-c3-to•apaoint At tom eyi i =Fact to rcpvescrtt.snd act for.and on behalf of the.Company to execute bonds, unscrtakings, recognizances and oth_� cont of ind'annity and •:, icings :.ob.lieatory in the rature thereof,a;id to attach thereto the�or1 orate seal oflbe Company,in the transaction of its.suretybusiness; .. "RESOT ED,.thst ho:signatures rand attestations of surh officers and the seal of the Company may be affixed io-aiiy sue -Power of Attorney or to` any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall b- vapid and binding .iron the Company when so affixed ,�:Lh r^sp�-ct to ary.a�nd, undertaking, -ccognizaricc:or othi.,contract'of inde,Tirtity`or writing obiigatery in the nature thereof; ."RESOLVED,that any such Attorney-in-Fact delivering a secretarial certification that the foregoing resolutioiis'still'be in ciTect may insert in such certifcation die date.hererjf,said ceta.to in not later than cane date of'd-ciivery thereof by such Attorney-in-Fact:" II;:rliaabeth M. Tucj., ;;crrct.".r}• of Ame6 anflome Assunhnc:. Cempary and of National:Union Fire: instum:cc'Go;riprxaf'of i'ittsUur�h; i'a: d'• he cqy.certify 1h;. tl:e for going ^.xcr;pts of P.esoluGa:a doptr_d by:hc: IIoarc?, of Llircc ars of tres�'rcrjxxaticns; and the' Powers, cf t+:itoircy ' t.�'�uTSlratlt i.1:--rGtO,Ale True and(;orrl:rt,and�tltvt.both.the F Lli+wsolutions and _Powers oMtomeyrrem'.rr iall`:urct�•:deticcl. '":... .. ... 1114 WITNESS WV;:REOF,I have her%unto set my hand and affiXed the facsimile s+::il of each cerporation - �,r►►s'�it J��u a.t i this �1.7th &y of March 1. 19 97 ` Elizabeth M. Tuck, Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California County of Orange On March 17, 1997 before me, M. Mackelprang, Notary Public DATE NAME.TITLE OF OFFICER•E.G..'JANE DOE.NOTARY PUBLIC- personally appeared Patricia H. Brebner , NAMES)OF SIGNERS) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name( is/afe subscribed to the within instrument and ac- knowledged to me that 4;elshe/t4s�t executed the same in h4o/her/thei authorized capacity(4es), and that by #ieWher/44e+r signature(&) on the instrument t#ipeFeeA(*, ` Q; the entity upon behalf of which the M.MACKELPRANG person(&) acted, executed the instrument. Commission#1120831 Notary Public—California Orange County WITNESS my hand and official seal. emy Com„i.Expires Dec 26,2000 SIGNATUREeOF NOTAFW OPTIONAL Though the data be!ow is not required by law,it may prove valuable to persons relying on th3 document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE • - I STATE OF CALIFORNIA } } SS. COUNTY OF LOS ANGELES } On March 19, 1997 before me, Kimberly Sue Lawrence, a Notary Public in and for said state, personally appeared Linda C. Tong and Layne Marceau, personally known to.me, to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities and that by their signatures on the instrument the persons or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. Signature C]ZU U2C�,�CsL (This area for official notarial seal) OMS&Y SUE LAWRENCUE Co1f11t0da i 1108146 Mo"v pift—cam ma My CamrR Bpkw Aug 9.20� THIS CERTIFICATE Title or Type of Document: Monument Bond, Shea Vicker Residential, LLC. Tract 15082,Bond#17-99-19 Number of Pages: 3 Date of Document March 17, 1997 BOND NO. 10-20-93 PREMIUM $50.00 MONUMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT Shea Vickers Residential, LLC as Subdivider of 1 racl No. 15084 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 Shea Vickers Residential , LLC (Subdivider) as principal,and American Home Assurance Company as surety,hereby guarantee to the City of Huntington Beach the payment of the cost of setting all such monuments within or in connection with said tract,as are not already set prior to the recording of said Final Map,in accordance with said map and said certificate up to but not in excess of the sum of $ 3,750.00 ,in which sum we are held and firmly bound to the City of Huntington Beach,all in accordance with and subject to the terms,conditions and provisions of Article 9,Chapter 4 of the Government Code of the State of California. IN WITNESS WHEREOF,we have executed this instrument this 17 th _—day of _ March _..�_ 19._97 SHEA VICKERS RESIDENTIAL, LLC, a Delaware limited liability company By: SHEA HOMES LIMITED PARTNERSHIP, a California limited partnership, its Member By: J.F. SHEA CO. , INC. a Nevada corporation, its general partner -- _----- — .. ----- as Principal Br _ `''` is AMERICAN HOME ASSURANCE COMPANY asSursty L` Patricia II. Brebner BY Attorney-in-Fact X097.or : 1 N r �•. i • • me, can �icme .ssurance t o::ipa:ty POWER OF ATTORNEY National Union Fire Insurance Company of Pittsburgh, Pa. Principal Bend Office: 70 Pine Street, New York, N.Y. 10270 No.05-13-51308 KNOW ALL MEN BY THESE PRESENTS: That American Home.Assurance C6mpany, a New York corporation, and National Union Fire Insurance Company of Pittsburgh, Pa.,a Pennsylvania corporation,does each hereby appoint —Nana Darnell Meo,Kathleen Crecdon,Timothy Cow,Patricia II_ Brcbner. of Irvine,California— ..its.true and lawful Attorney(s)-in-Fact, with full authority to execute on its behalf bonds, undertakings, recognizances'and `other contracts of indemnity and writings obligatory.in the naturo.thereof, issued in the,course of its business, and to bind the resp+xtivc, company thereby. -IN'V1'I'i'dESS `dH::"IZr Or. mcrica:-� Home Assurance Company:anii i�aaonal Jnion Firc�insti;ac3t e'Corri�ariy`dVAtsburgh, Pa.` have each executed these presents this'^18th_day of c>ar+ticr 1994. • � ...may � � �./�f: ./ � :G - ., illiam D. Smith;President sYj1�8 '- STATE OF NEW FORK } COUNTY OF NEW YORK}ss. On this 18th day of November 1995.before me came the above named officer of American Horne Assurance Company and National Union Fire Insurance Company of Nolan• Y.=rk Pittsb?i�gh, Pa., to me personally known to be the individual r::. c1 r.�s�- ;a and officer described herein, and acknowledged that he County executed the foregoing instrument and affixed the seals of Turm Exp-res Jan. 31, .N_f-&-. said corporations thereto by authority of his office. ;CERTIFICATE Excerpt_c of Resolutions adopted by the Boards of Directors of American ilomc,Assurance Company and National Union Fire Insuranre Con:Iiany of Pitts-burgh,Pa.on May :tt, 1975: ',fir:;>O yVED,that the Chairman of o-hc-Board,.the Presidcrt, r airy Vice Presidcet bi:.a;.d hereby is,. cir�=cd;%c 2'ppoint Attorney,-in-Fart•to•: iepresent and cct for,and on behalf of thr.Company to executc.bonds,undertakings,recognizances vd cthet contiac+Lq of indenmity and writings :..obligatory in the nature tkcicof,and to attach thereto the comarate.:scal of:the.Company,in the transaction of its surety business; ..RL'SOL`0.111. ,.that the signatures end attestations of such o!licens and the seal cf the Company may be affix'4 to a.�y such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal sliall ��e alit and buidin;;u��n the Comgaiiy•w'ien su:atT ce �tiii,4r.reslx rt tc eay bond,au der acing;!ccdgnsz�ricc or odicr contrart of indi:mnity•ors- miting obligatory in the np.twc thcrerd "RESOLVED,that any such Attorn_y-in-Fact delivering a secretarial certification that the foregoing resoltitions`still•be iti effect may'insert in such s ihc;tiar.fhr.;hte thcTecf,s id Azt^to.bc.:!ot lst;r than the such Attorney-in-Fad. :.riiZ^.nth::v';..Tjick, Sper:Lary or rim:-. .cs,5 Flrnic Asst"Imm.o s''rimrary-wid of 1•latirnal.Union i.c_ Ln;ur6nce Co;rion" df ilt iiui l:; ?+: do: .?1_nbv;..c,tity brat t1:; foregcLig exr^opt of Resolution-, zc;r,;;tra b i}ie 3oatds of Lli4xtcrs of th::s� coipof'atlohs;ind ilic i ay.ert,of.litc:rnr:y .�•jzsll�d pursuant 1.`- rClil,fire the an(i C4 'C'a,tlilil lintbo21't.,-'! S(aLt:oI?S Ilel•dlc i'o`x,ess Of.�:tipf7ley 1'.:�L'Ttlil'1 force al:d-efG!'t: ... . IN WITNESS WHEREOF,I have hereunto_,ct my hand.and aflixcd the facsimile seal of each comoration C this_17th �yof March i997`p ��,��, Elizabeth M. Tuck, Secretary � / Aril r • r CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 'Jo.5907 State of California County of Orange ; On March 17, 1997 before me, M. 11ackel prang, Notary Public DATE NAME.TITLE OF OFFICER-E.G..-JANE DOE,NOTARY PUBLIC- personally appeared Patricia H. 8rebner NAMES)OF SIGNER(S) 3L personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person( whose name( is/ass C subscribed to the within instrument and ac- knowledged to me that *aelshe/t#e� executed the same in h4e/her/44+e4 authorized capacity(ime&), and that by 4;4s her/4.4&k signature(&) on the instrument , ' eF the entity upon behalf of which the M.MACKELPRANG person(&) acted, executed the instrument. Commission#1120831 @my Notary Public—California Orange County WITNESS my hand and official seal. Comro.Expires Dec 26,2000 SIGNATURE OF NOTdiRY OPTIONAE, Though the data below is not required by law, it may prove valuable!o persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLES) ❑ PARTNER(S) ❑ LIMITED GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR F-7 OTHER: �1 DATE OF DOCUMENT 1 SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) _ SIGNER(S)OTHER THAN:NAMLEDABOLVE i STATE OF CALIFORNIA } } SS. COUNTY OF LOS ANGELES } On March 19, 1997 before me, Kimberly Sue Lawrence, a Notary Public in and for said state, personally appeared Linda C. Tong and Layne Marceau, personally known to me, to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities and that by their signatures on the instrument the persons or the entity upon behalf of which the persons acted, executed the instrument. t� WITNESS my hand and official seal. Signature i (This area for official notarial seal) IDLY SUE tAWM CE (`,gtal fta •1108146 My Cwm E00 AM 9.2i)oo i THIS CERTIFICATE Titie or Type of Document: Monument Bond, Shea Vicker Residential, LLC. Tract 15084,Bond#18-20-93 Number of Pages: 3 Date of Document March 17, 1997 BOND18 y_ PREMIUM UM Included in charge for performance bond LABOR AND MATERIAL BOND WHEREAS,the City Council of the City of Huntington Beach,State of California,and Shea Vickers Residential , LLC (hereinafter designated as'Principal')have entered into an agreement whereby principal agrees to install and complete designated pubic improvements,which said agreement,dated _ 19__ _, and identified as project_.., 15082 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 Trde 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 fimnly 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 Procedures in the sum of Twenty two thousand two hundred twenty fo.yr._end_no/100 dollars($_22,-224.00 ),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 wiN 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 ind fixed by the court,and to be taxed as costs and to be included in the judgment therein n:ndered. It is hereby expressly stipulated and agreed that this bond shall insure 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 vc;d,o!herwise it shag be and remain in full force and effect. The surety hereby stipulates and agrees that no change,extension of time,alteration or addition to the terms of said agreement or the specifications accompanying the same shag In any manntr t R090 affect ita obligation on this bond,and It does hereby waive notice of any such change,extension,attention or addition. In witness whereof,this Instrument has been fully executed by the principal and surety above named,on March 17 19 97 SHEA VICKERS RESIDENTIAL, LLC, a Delaware limited liability co. B SHEA HOMES LIMITED PARTNERSHIP, a California limited parn� MO s l�Tem er BgY J. , a Nevada Corporation its general partner Vice President As istant Secretary AMERICAN Ji ME ASSURANCE COMPANY as Surety By. By' Patricia-1-I. Brebner, Attorney-in-Fact 'k, ro M GAi� liL''i ��il r•:;��-r?;L-.��t'nef • lad t;j G1Q ALLu1•[luy, American Home Assurance Cot parry POWER OF ATTORNEY- National Union Fire Insurance Company of Pittsburgh, Pa. Principal Bond Office: 70 Pine Street, New York, N.Y. 10270 No.05-B-51 308 . KNOW ALL MEN BY THESE PRESENTS: That American Home Assurance Company, a New York corporation, and National,Union Fire Insurance Company of Pittsburgh, Pa.,a Pennsylvania corporation,does each hereby appoint —,Tana Darnell Moo,Kathleen Creedon,Timothy Cow,.Patricia H. Brebncrc .of Irvine,California— its true and lawful Attomcy(s)-in-Fact, with full autliority:to execute on its b�chalf bonds; undertakings, re'cognizanccs and other contracts of indemnity and writings obligatory in the nature.thercof, issued'in the course of its business, and-to bind the respective company thereby. IN WITNESS_WHEREOF,American Homc-Assuranc'e C?ompany and National Union Fir' -'IriSurarf c`t~oMpahy'bf Pittsburgh, Pa `: ' have each executed these presents this•IStEday of ovcmb�r 1994 — 46 illiam D. Smith;President STATE OF NEW YORK } COUNTY OF NEW YORK}ss. On this 18th day of November 19994 before me came . the above named officer of American Home Assurance Company and National Union Fire Insurance Company of .'GSEFH B. NOZZJL!0. / Nctnrr, .rk Pittsburgh, Pa., to me personally known to be the individual and officer*described herein, and acknowledged that he C f• :1:-:• ccu;;tr executed the foregoing instrument and affixed the seals of Tcrm Exp.reS t.'"• 31, .(.a./.lo• said corporations thereto by authority of his office. CERTIFICATE Excerpts of Resolutions adopted by the Boards of Directors of American Home Assurance Company and National Union Fire Insurance Company`' of Pittsburgh,Pa.on May 18, 1976: "RESOLVED,that the Chairman of the Board,tlic-President,or-any,V.ice;President be,and hereby is, autho:izcd'to appoint Attofneys=ih Fact to:;={ represent and act for and on behalf of the Company to.execute bonds,-undertakings,-recognizances and other contracts of indemnity mand WTitings-'r obligatory n the nature thereof,and to attach thereto the co rate.seal of the Company, g ry i rpo pant,in the.transaction of its surety liusir:css "RESOLVED,that the signatures and.attestations.of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Poxver of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so-affixed;with•respect to any bond, undertaking, recognizance.or oLliec cbritraci 6Pindemnity'or w-iting obligatory in the nature thereof, "RESOLVED,that any such Attorney=in-Fact delivering a.secretarial ecrtifi cation-that the foregoing resolutions still be in effect may insert in such certification the date thereof,said date.to.benot later:than•the•date of delivery thereof by such Attorney-in-Fact:" I, Elizabeth M. Tuck, Secretary of American Home Assurance Gompairy.and oC,National Union Fire Insruance Conipany of Pittsbuigh;Pa do hereby certify that the foregoing excerpts of Resolutions adopted,by the Boards of Directors of these•coiporafions, and the Pbwdi•s of Atiornty ` issued,pwsuaat thereto,are sue and correct,and:hat both Resolutions andatu.Powers of:Attornev.are in full force and c(1`a IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of each corporation this 17th dayof March , I9 97. Elizabeth M. Tuck, Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.59o7 State of California County of Orange On Larch 17 , 1997 before me, Rhonda C. Abel , Notary Public , ( OXTE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC' 1 personally appeared Patricia H. Brebner , NAME(S)OF SIGNER(S) ;1 ` ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the personW whose name(e4 is/afe subscribed to the within instrument and ac- knowledged to me that #e/she/44ey. executed the same in 44s/her/44-94c authorized capacityo-ee), and that by 44s/her/##94 signature(&) on the instrument tfie-po;son(4, -ef the entity upon behalf of which the person( acted, executed the instrument. WITNESS my hand and official seal. wa RHONDA C.ABEL j , COMM.#999644 Notary Public—California S r SIGNATURE OF NOTARY ORANGE COUNTY _ My Comm.Expires AUG 9.1997 C OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ( ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ` ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ;1 ❑ OTHER: ` I DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE 1 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave..P.O.Box 7184•Canoga Park.CA 91309-7184 i r I have received Bond Nos. 17-99-18, 17-99-19 Faithful Performance/Labor and Material and Monuments (Tract No. 15082) Bond Nos. 17-99-20, 18-20-91 Faithful Performance/Labor and Material and Monuments (Tract No. 15083), Bond Nos. 18-20- 92, 18-20-93 Faithful Performance/Labor and Material and Monuments (Tract 15084), Bond Nos., 18-20-94, 18-20-95 Faithful Performance/Labor and Material and Monuments (Tract No. 15086). Re: Tract Nos. 15082, 15083, 15084, 15086 Substitution of Bonds and Subdivision Agreement- E-11 -August 4, 1997. Dated: Alf 7 By: =, • • BOND NO. 17-99-1b PREMIUM $222.00 FAITHFUL PERFORMANCE BOND WHEREAS,the City Council of the City of Huntington Beach,State of California,and Shea Vickers Residential , LLC (hereinafter designated as"principal')have entered into an agreement whereby principal agrees to install and complete designated public improvements,which said agreement,dated 19 and identified as project 15052 is hereby referred to and made a part hereof;and WHEREAS,said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement Now,therefor,we,the principal and American Home Assurance Company as surety,are held and firmly bound unto the City of Huntington Beach,hereinafter called'City',the penal sumof Forty four thousand four hundred forty eight---dollars($ 44,443.UU ) 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 covenant,condition 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 eftect 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. 1 The surety hereby stipulates and agrees that no charge,extension of time,alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond,and A does hereby waive i notice of any change,extension of time,alteration or addition to the terms of the agreement or to the work or to the specifications. I In witness whereof,this instrument has been duly executed by the principal and surety above named,on March 17 19 97 SHEA VICKERS RESIDENTIAL, LLC, a Delaware limited liability company By: SHEA HOMES LIMITED PARTNERSHIP, a California limited partnership, its Member By: J. F. SHEA CO., INC., a Nevada corporation it, gPnPral partner as Principal By AM' A ME ASSURANCE COMPANY as Surety By -,AI/ Patricia H. Brebner By Attorney-in-Fact AP PP) ;LID r. IN ;:t.LclncY, i CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 5907 State of California County of Orange On ;`larch 17, 1997 before me, M. 11ackelprang, Notary Public DATE NAME.TITLE OF OFFICER-E.G.."JANE DOE.NOTARY PUBLIC personally appeared Patricia H. Brebner i NAME(S)OF SIGNER(S) personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person( whose name( is/aye subscribed to the within instrument and ac- knowledged to me that 4;elshe/t#eqL executed the same in h+s/her/thee authorized capacity(ie.$), and that by 44o/her/44e+r signatures) on the instrument , M.MACKELPRANG -w the entity upon behalf of which the Commission$1120831 Z NotaryPublic—California person(&) acted, executed the instrument. Orange County aamy Comm.Expires Dec 26,2000 WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is,lot required by law, it may prove valuable to persons relying on the dOCLment and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT Tm.E(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) i 1 GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT l .� SIGNER IS REPRESENTING: ; NAME OF PERSON(Sl OR ENTITY(IES) - SIGNER(S) OTHER THAN NAMED ABOVE i c ..-1 .AO 11 A1V 1..19G 0 rA O.onn 11OA American Home Assurance ComP• � POWER OF ATTORNEY' National Union Fire Insurance Company of Pittsburgh, Pa. Principal Bond Office: 70 Pine Street, New York, N.Y. 10270 No.05-B-51308 KNOW ALL MEN BY THESE PRESENTS: That American Home Assurance Company, a New York corporation, and National Union Fire Insurance Company of Pittsburgh, Pa.,a Pennsylvania corporation, does rich hereby appoint --Jana Darnell Meo,Kathleen Creedon,.Timothy Cow,Patricia H. Brebner: of Irvine,California— its true and lawful.Attorncy(s)-in-Fact, with full authority to ezctute on its behalf bonds, undertakings, rccognizances:and other contracts of indemnity;and A-ritings.obligatory in-the•nature.thcreof,.•.issucd in t.he.coursr of its business; and to bind the resnectivc company thereby. µN..WITNESn,WH-iti-'.IiEGF,American Hbme Assuiuncc-C:ompr;riy and National.Union Fired Inasu' rand' Cv:npany'br Nitsbai'gh;Pa.' have each executed these presents u this`;rgh-:ciayof rofverii>;t.:199�. � .i1Gam D. Smith;Presi4crit STATE OF NEW YORK COUNTY OF NEW YORK)ss. On this 18th day of November 199 before me came _ _ - ,the above named 'officer of American Home Assurance Company and National Union Fire Insurance Company of JcsEFu R. uoL� Nct.v,• .. ., Y irk Pittsburgh, Pa., to me persona fly knor-m to be the individual h; „t..;•�� ;�-,4 and officer described herein, and acknowledged that he C f cou•-Oy executed the foregoing instrument and affixed the seals of Terr., Exp.res J.,n. said corporations thereto by authority of his office. > I2.TIFICATE Excerpts of.Rcsolutions adopted by the Boards of Directors of American;liome Assurahce.Company ziid National Union-Fire fnsurancd Company of Pittsburgh.I'a.on May 18, 1976: "R1iSf3�,► ja,;ihat:t+hc . plkint Attor^cr� ire-isct to- n rd,.!hc V ndhereby ; ,ruthorzcc;oi(~ eP ; rcpresLl-a and.sct for end on behalf of the Company.to execute bonds, undertrkings, recogrizances another conUze's of indemnity and :;rifings obligatory in Qv.-nature thereof,and to attach thereto the:comorate seal of.the Company,.in:he transactionof its surely btis3:�css _SOLAIED,tlot.thc signatures and attestations of such officers and the seal of the Comp.2ny mry be afrixe'd toe any such Power of•Attome;,or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shalt .bi valid and binding upon die Company- wlirv!w) affixed with respect to any.bond,.undo:taking, :ccbgni&nee or other cr)nt:act,of indemnity o. writing obligatory in she nature thsrcoC, "RESOL.V.E'D,:hat any such Attorney-in-Fact delivering a secretuial cer,irication that the foregoing resolutions still'be in effect may insert in such cri-tif:caticn the date then: ,,;lid datr-to.bei;iot:later Lu-m:Lhc sich Attorncy-i -Fact:" .. . .f.,'iivabcth \4. 'fuel:, Secretary of American IIome.As-,uzan.cc Cantpanv:and of National Union Fir-. fnsurancc i.;:omrr:riy cf•Pittsburgh, ?a: "b;' , . :,h,^.ic>;y certify tna[ ti;c ;;orcgo;ng exacrp:: o,:R. hrtior.s'a ioptcd by the Boarrie of ors of Luse corporations,wid t_he'Pok•crs of Alt'orney is.-kk�d:.v3rrs.r37:t°:hereto,are true and Cilt7ert,::nil!1`.at.briffi l 1eRosohr!io nz and b&Attoi ev arc in'tfll fore'krid_r ect, 1I4 WITNESS WHEREOF,i have herourito set my hand and affixed the ffacsimiie seal of each co-ponition IKVf" this 17th dayof 'March 19 97 Elizabeth M. Tuck, Secretary 1 • • 1 J ► STATE OF CALIFORNIA } } SS. COUNTY OF LOS ANGELES } On March 19, 1997 before me, Kimberly Sue Lawrence, a Notary Public in and for said state, personally appeared Linda C. Tong and Layne Marceau, personally known to me, to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities and that by their signatures on the instrument the persons or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. Signature (This area for official notarial seal) WA33ZLY SUE LAWA ENCE C&Twrhdon#1108146 Nday RbBc—Caftmla Los Anow County My Comm Expires Aug 9,2000 THIS CERTIFICATE Title or Type of Document: Faithful Performance Bond, Shea Vicker Residential,LLC. Tract 15082, Bond#17-99-18 Number of Pages: 3 Date of Document March 17, 1997 ` BOND NO. 18-20-95 • • PREMIUM $50.00 MONUMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT Shea Vickers Residential , LLC as Subdivider of Tract No. 15086 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 engineers or surveyor's certificate stating that atl final monuments will be set in the positions indicated on or before.the date specified in said certificate: That said Shea Vickers Residential , LLC (Subdivider) as principal,and American Home Assurance 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 $ 6,750.00 _____,in which sum we are held and firmly bound to the City of Huntington Beach,all in accordance with and subject to the terms,conditions and provisions of Article 9,Chapter 4 of the Government Code of the State of California. IN WITNESS WHEREOF,we have executed this instrument this 17 th day of March 19 97 SHEA VICKERS RESIDENTIAL, LLC,a Delaware limited liability company By: SHEA HOMES LIMITED PARTNERSHIP, a California limited partnership,its Membe By: J.F. SHEA CO. , INC. , A Nevada corporation, its general partner as Principal 1 AMERICAN HOME ASSURANCE COM ANY as SurRtyF Patricia 11. Brebner By: Attorney-in-Fact R097.01 Ametiip- Horne Assurance Company • POWER OF ATTORNEY` National Union Fire Insurance Company of Pittsburgh, Pa. Principal Bond Office: 70 Pine Street, New York,N.Y. 10270 No.05-B-51308 KNOW ALL BEEN BY THESE PRESENTS: That American Home Assurance Company, a New York corporation, and National Union Fire Insurance Company of Pittsburgh, Pa.,a Pennsylvania corporation,does each hereby appoint —Nana Darnell Meo, Kathicen Creedon,Timothy Cow,Patricia ff. Brebner:.of Irvine,California— its true and lawful Attorney(s)-in-Fact, with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and ATitings obiigatory in the nature thereof;:issued in the course of its business; and to bind the respective company thereby American Home Assurance Company and National Union Fire-In§urai`c'e-C'ci:iilhaliy elf Pittsburgh,--Pa". have each executed these presents G'k thi�_18th d.:y of`�J�vctttbcr 1994. pi� ¢„ - `William D. Srxiith;President STATE OF NEW YORK COUNTY OF NEW YORK}ss. On this 18th day of November 1994, before me came _ the 'above named officer of American Home Assurance company and i�Tatioriaf Union Fire•Insurance Company of Pittsburgh, Pa., to me personally known to be the individual �, ��-�.�,.��;,3i and officer described herein, and acknowledged that he executed the foregoing instrument and affixed the seals of Term EAp.res Jan. 31, said corporations thereto by authority of his office. C:E^TIFICATE Excerpts of Resolutions adopted by the Bonds of Dirwors of American Home Assurance Company and National Union Fire insurance Company of Pittsburgh,Pa. on May 13, :975: "RES-D1,Vi~R that the tih,irman:-if.thc tBoard,•the,President,or any Vi:e..President.be,and h'r cby is;au'�3rizcs to appo,ntAtiornl�ys-in•Fact:to . repress t and act for and,on behalf of the Company to execute bonds,.undertakings, recognizances end other-cortracts of indemnity tuhd wvritin-s . pblig4c y in tree nattt:e Lhereof,and to attach thcreto.Gzc corporate scat of the Company,in l:c frans ctian of its surety btuiness;. "RESQLVED,that th.e signatures and attestations of such ofcers•and the seal of the-Company may!xraf sized tri.r_r..y such Power of Attorney or to ' any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall tv valid and binding.upaa! the C'onipiany when s1 afli!:ed with:resp.-cl to.any.bond, Luidertaking, r_:ogniianc.c or oUrer co:ttrac? of--indeninity.6r,.. wsiung obligstony in the as-Lure t'here:,C; "RESOLVED,that any such Attorney-m-Fact dch vering a secretarial certification that the foregoing resoltitiohs•still be in eflcct maj insert in such :cr.fic:ation th::dal:thereof,said d?.,te:to be.not l: .c than the date cf cclive:y-!hercof by such,ato r c -in-Frr.t. ;i,.Eliza;x tit �9: Tuck, cx:rctsry of A'ti-r1-,wr Ho;re Assurance Compaum and of:National:iJnio Fig In surancc'Coinpariy of Piitsb:ugh; Vic. do c,eby:ccrtify that the ;i,rr_•roi ig excerpts of Resolutions adopted by tic 13-,ards of Directors of th"- corporatim;s an3 ncc l?o,,;•c:-s of Aaorn . _. .issncd.purstlfir:1Jicri-o,4ic truoi and c0!TC:-t;,"V,"217i i otl't_`c eFolu[:��'-and•.Jle Pv':(,rs cf ftftmey a:c in.filil''iNCc find efferI. - -. - IN AVI T NESS WHERECIF,I have hcrctutto set my hand and affixed the facsinliic sea;of each comorot.ion &his 17th day of March 1997011 �,�� Elizabeth M. Tuck, Secretary N. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 ' State of California County of OrAnge On March 17, 1997 before me. I�. flackel prang, Notary Public ' 1 DATE NAME.TITLE OF OFFICER-E.G..-JANE DOE.NOTARY PUBLIC' _1 , personally appeared Patricia H. Brebner NAME(S)OF SIGNER(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(4) whose name(&) is/aye ' subscribed to the within instrument and ac- knowledged to me that *ielshe/tom executed the same in h4o/her/then authorized t capacity(+es), and that by #Wher/44ek t signature(6) on the instrument the ` er the entity upon behalf of which the M.MACon#11 0 erson('&c)' acted, executed the instrument. Commission It 1120831 p C�7 Notary Public—California Orange County amy Corwn.Expires Dec 26.2000 r WITNESS my hand and official seal. SIGNATURE OF NUORY OPTIONAL i Though the data below is not required by law, it may prove valuF-ble to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TrTLE(S) ❑ PARTNER(S) ❑ LIMITED GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: 'NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE t STATE OF CALIFORNIA } } SS. COUNTY OF LOS ANGELES } On March 19, 1997 before me, Kimberly Sue Lawrence, a Notary Public in and for said state, personally appeared Linda C. Tong and Layne Marceau, personally known to me, to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities and that by their signatures on the instrument the persons or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. Signaturev��'t/1Q� (This area for official notarial seal) MM&Y SUE tAWWNa COfTf iWon#1108146 -- No"Rb1C—C&ftr do toy Nrceles County Ii MY Cmtm Fates Aug 9.2000 THIS CERTIFICATE Title or Type of Document: Faithful Performance Bond, Shea Vicker Residential, LLC. Tract 15086, Bond#18-20-94 Number of Pages: 3 Date of Document March 17, 1997 ATTAC..................................................................................................................-......................--.......HM................................................................................. ENT # SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND SHEA VICKERS RESIDENTIAL, LLC FOR TRACT NO. 15082 THIS AGREEMENT is entered into this day of 6,146ul 1997, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY," and SHEA VICKERS RESIDENTIAL, LLC, a Delaware limited 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. 15082; and As a condition of the approval of and prior to the recordation of said subdivision map, SUBDIVIDER is required to improve and dedicate the streets and alleys, and to perform certain other improvements in said subdivision; and SUBDIVIDER desires to enter into an agreement with CITY to delay performance of certain of the work; to agree to perform said work as herein provided; and to execute and deliver to CITY bonds for the faithful performance of said agreement, for the payment of all labor and material in connection therewith, and for the guarantee and warranty of the work for a period of one (1) year following completion and acceptance thereof against any defect in work or labor done, or defective materials furnished, as required by Sections 66499 and 66499.3 of the 1 4/s:PCD:Agree:Tr 15082 RLS 97-395 6/11/97 Government Code of the State of California, and Chapter 225 of CITY'S Zoning and Subdivision 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. 2. ARTERIAL HIGHWAY IMPROVEMENT SUBDIVIDER agrees to complete all arterial highway improvements, including perimeter walls and landscaping required by conditions of the tract map, prior to release or connection of utilities for occupancy for any lot in the Tract. 2 4/s:PCD:Agree:Tr 15082 RLS 97-395 6/2/97 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 Zoning and Subdivision Code, upon execution hereof SUBDIVIDER shall deposit with the City Treasurer the sum of Forty-four Thousand Four Hundred and Forty-eightDollars ($44,448.00) as prescribed by Section 255.16 thereof, which security is given to CITY to insure faithful performance of this Agreement and of all of the conditions of the Tract Map. The deposit may be by corporate surety bond, cash or other approved form of improvement security. All bonds and other forms of deposit shall be approved by the City Attorney prior to their acceptance by CITY. SUBDIVIDER may, during the term of this Agreement, substitute improvement security provided that the substituted security is acceptable to the City Attorney; however, any bond or other security given in satisfaction of this condition shall remain in full force and effect until the work of improvement is finally accepted by CITY and SUBDIVIDER may be required by CITY to provide a substitute security at any time. 5. INDEMNIFICATION, DEFENSE, HOLD HARMLESS SUBDIVIDER hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims,judgments, costs and demands, however caused, including those resulting from death or injury to SUBDIVIDER'S employees and damage to SUBDIVIDER'S property, arising directly or indirectly out of the 3 4/s:PCD:Agree:Tr 15082 RLS 97-395 6/2/97 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 convenants 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. 7. INSURANCE In addition to the workers compensation insurance and SUBDIVIDER's covenant to indemnify CITY, SUBDIVIDER shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. Said policy shall indemnify SUBDIVIDER, its officers, agents and employees, while acting within the scope of their duties, against any and all claims of arising out of or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket 4 4/s:PCD:Agree:Tr 15082 RLS 97-395 6/2/97 contractual liability, of$1,000,000 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than $1,000,000. Said policy shall name CITY, its officers, and employees as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that SUBDIVIDER's insurance shall be primary. Under no circumstances shall said abovementioned insurance contain a self-insured retention, or a"deductible"or any other similar form of limitation on the required coverage. 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 this Agreement; said certificates shall: 1. provide the name and policy number of each carrier and policy; 2. shall state that the policy is currently in force; 3. shall promise to provide that such policies will not be canceled or modified without thirty(30) days prior written notice of CITY; and 4. shall state as follows: "The above detailed coverage is not subject to any deductible or self-insured retention, or any other form of similar type limitation." 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 the Agreement. CITY 5 4/s:PCD:Agree:Tr 15 082 RLS 97-395 6/2/97 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. 9. ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and provisions of this agreement or in any bond given to secure the performance hereof, each party shall bear its own attorney fees and costs. Balance of page intentionally left blank. 6 4/s:PCD:Agree:Tr 15082 RLS 97-395 6/2/97 IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. SHEA VICKERS RESIDENTIAL, LLC, a CITY OF HUNTINGTON BEACH, A Delaware limited liability company municipal corporation of the State of California By: Shea Homes Limited Partnership, Mayor a California limited partnership ATTEST: By: J. F. Shea Co., Inc. a Nevada corporation, general partner dvr4� City Clerk 8 97 By. APPROVED AS TO FORM: bas Thomas print or type name c�1 F-- 1ty Attorney ITS: (circle one)6ka4mm affho—BaFffirdl Qrewidmtlmy Vice President INITIATED AND APPROVED: Ali AND City Engineer REVIEWED AND APPROVED: Linda C. Tong print or type name) / ITS: (circle one) City Administrator 6ffreer/Asst.Secretary--T-Fessurer 4/s:PCD:Agree:Tr 15 082 RLS 97-395 6/2/97 SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND SHEA VICKERS RESIDENTIAL, LLC FOR TRACT NO. 15082 TABLE OF CONTENTS Section Page I General Street Construction.......................................................................................2 2 Arterial Highway Improvement................................... 3 Guarantee...................................................................................................................2 4 Faithful Performance and Security ............................................................................3 5 Indemnification, Defense, Hold Harmless.................................................................3 6 Workers' Compensation Insurance ............................................................................4 7 Insurance....................................................................................................................4 8 Certificates of Insurance; Additional Insured Endorsements ....................................5 9 Attorneys' Fees...........................................................................................................6 • r SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND SHEA VICKERS RESIDENTIAL, LLC FOR TRACT NO. 15083 THIS AGREEMENT is entered into this day of , 1997, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY," and SHEA VICKERS RESIDENTIAL, LLC, a- Delaware limited 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. 15083; and As a condition of the approval of and prior to the recordation of said subdivision map, SUBDIVIDER is required to improve and dedicate the streets and alleys, and to perform certain other improvements in said subdivision; and . SUBDIVIDER desires to enter into an agreement with CITY to delay performance of certain of the work; to agree to perform said work as herein provided; and to execute and deliver to CITY bonds for the faithful performance of said agreement, for the payment of all labor and material in connection therewith, and for the guarantee and warranty of the work for a period of one (1)year following completion and acceptance thereof against any defect in work or labor done, or defective materials furnished, as required by Sections 66499 and 66499.3 of the 1 4/s:PCD:Agree:Tr 15083 RLS 97-395 6/11/97 Government Code of the State of California, and Chapter 225 of CITY'S Zoning and Subdivision 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. 2. ARTERIAL HIGHWAY IMPROVEMENT SUBDIVIDER agrees to complete all arterial highway improvements, including perimeter walls and landscaping required by conditions of the tract map,prior to release or connection of utilities for occupancy for any lot in the Tract. 2 4/s:PC A:Agree:Tr 15 083 RLS 97-395 5/30/97 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 Zoning and Subdivision Code, upon execution hereof SUBDIVIDER shall deposit with the City Treasurer the sum of Twenty-eight Thousand Seventy Dollars ($28,070.00) as prescribed by Section 255.16 thereof, which security is given to CITY to insure faithful performance of this Agreement and of all of the conditions of the Tract Map. The deposit may be by corporate surety bond, cash or other approved form of improvement security. All bonds and other forms of deposit shall be approved by the City Attorney prior to their acceptance by CITY. SUBDIVIDER may, during the term of this Agreement, substitute improvement security provided that the substituted security is acceptable to the City Attorney; however, any bond or other security given in satisfaction of this condition shall remain in full force and effect until the work of improvement is finally accepted by CITY and SUBDIVIDER may be required by CITY to provide a substitute security at any time. 5. INDEMNIFICATION, DEFENSE, HOLD HARMLESS SUBDIVIDER hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims,judgments, costs and demands, however caused, including those resulting from death or injury to SUBDIVIDER'S employees and damage to SUBDIVIDER'S property, arising directly or indirectly out of the obligations or operations herein undertaken by SUBDIVIDER, including those arising from the 3 4/s:PCD:Agree:Tr 15 083 RLS 97-395 5/30/97 City of Huntlnaton Beach ;. • P O Box 711 CALIFORNIA 92648 TELEPHONE714 536.5200 FAx714 374.1603 SHARI L. FREIDENRICH CITY TREASURER November 2, 1999 CERTIFIED MAIL American Home Assurance Company 70 Pine Street New York,NY 10270 To Whom It May Concern: This is to inform you the City Council of the City of Huntington Beach, on October 18, 1999, approved the release of the following,bonds: Tract# 15086 Faithful Performance and Labor&Material Bond No. 18 20 94 Monument Bond No. 18 .20 95 We are releasing the bonds and have enclosed them for your file. Also enclosed, is a copy of the City Council Action approving the release of the above-referenced bonds. If you have any questions regarding this matter,please contact me at(714) 536-5200. Sincerely, } Shari L. Freidenrich, CPA, CCMT City Treasurer Enclosures cc: Shea Vickers Residential, LLC 655 Brea Canyon Road Walnut, CA 91788 Bob Beardsley, Director of Public Works (no attachments) Connie Brockway, City Clerk (no attachments) i�:'•Denine`•Shari`,Letters''.BondLt4I .114' Citv of Huntiniaton Beach P O Box 711{ CALIFORNIA 92648 TELEPHONE 714 536.5200 FAx 714 374.1603 "'" " SHARI L. FREIDENRICH CITY TREASURER November 2, 1999 CERTIFIED MAIL American Home Assurance Company 70 Pine Street New York, NY 10270 To Whom It May Concern: This is to inform you the City Council of the City of Huntington Beach, on October 18, 1999, approved the release of the following bonds: Tract# 15084 Faithful Performance and Labor&Material Bond No. 18 20 92 Monument Bond No. 18 20 93 We are releasing the bonds and have enclosed them for your file. Also enclosed, is a copy of the City Council Action approving the release of the above-referenced bonds. If you have any questions regarding this matter,please contact me at(714) 536-5200. Sincerely, Shari L. Freidenrich, CPA, CCMT City Treasurer Enclosures cc: Shea Vickers Residential, LLC 655 Brea Canyon Road Walnut, CA 91788 Bob Beardsley, Director of Public Works (no attachments) Connie Brockway, City Clerk (no attachments) G:'•Den i nclShari'•Letters'•.Bond Lt4'- City of Huntin ton Beach A • P O Box 711 CALIFORNIA 92648 TELEPHONE 714 536.5200 FAx 714 374.1603 SHARI L. FREIDENRICH CITY TREASURER November 2, 1999 CERTIFIED MAIL American Home Assurance Ccompany 70 Pine Street New York, NY 10270 To Whom It May Concern: This is to inform you the City Council of the City of Huntington Beach, on October 18, 146, c approved the the release of the following bonds: q Tract# 15083 Faithful Performance and Labor &Material Bond No. 17 99 20'" z' Monument Bond No. 18 20 9.1 We are releasing the bonds and have enclosed them for your file. Also enclosed, is a copy of the City Council Action approving the release of the above-referenced bonds. If you have any questions regarding this matter,please contact me at (714) 536-5200. Sincerely, Shari L. Freidenrich, CPA, CCMT City Treasurer Enclosures cc: Shea Vickers Residential, LLC 655 Brea Canyon Road Walnut, CA 91788 Bob Beardsley, Director of Public Works (no attachments) Connie Brockway, City Clerk (no attachments) G:-Dcn inc'.Shari'',Lcttcis'•.Bond Lt43 CITY OF-HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK o>?nd T November 2, 1999 Gary L. Granville, County Clerk-Recorder P. O. Box 238 Santa Ana, CA 92702 Enclosed please find "Acceptance of Public Improvements" for Tracts 15084, 15082, 15086 and 15083 that were recently returned to our office for the City's Clerk's Certification Stamp. Please record these acceptances and return to the City of Huntington Beach, Office of the City Clerk, 2000 Main Street, Huntington Beach, CA 92648. Please return conformed copies of the acceptances when recorded and return to this office in the enclosed self-addressed stamped envelope. Z�� &4a� Connie Brockway, CMC City Clerk Enclosures g:\followup\deedltr: G:\followup\deedltr (Telephone:714-536-5227) ;, CITY OF HUNTINGTON BEACH IB 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY - CITY CLERK Octcbe,22, 1999 Gary L. Granville, County Clerk-Recorder P. 0. Box 238 Santa Ana, CA 92702 Enclosed please find "Acceptance of Public improvements"for Tract 15083. Please record the acceptance and return to the City of Huntington Beach, Office of the City Clerk, 2000 Main Street, Huntington Beach, CA 92648. Please return the conformed copy of the acceptance when recorded and return to this office in the enclosed self-addressed stamped envelope. Connie Brockmay, CIVIC City Clerk Enclosures - g:\followup\deedltr: G:\followup\deedltr (Telephone:714-536-5227) CITY OF HUNTING°TON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK October 22, 1999 Gary L. Granville, County Clerk-Recorder P. O. Box 238 Santa Ana, CA 92702 Enclosed please find "Acceptance of Public Improvements" for Tract 15084. Please record the acceptance and return to the City of Huntington Beach, Office of the City Clerk, 2000 Main Street, Huntington Beach, CA 92648. Please return the'conformed copy of the acceptance when recorded and return to this office in the enclosed self-addressed stamped envelope. Connie Brockway, CIVIC City Clerk Enclosures g:\followup\deedltr: r G:\folloNvup\deedltr (Telephone:714536-5227) CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK Iran5m i rlat October 22, 1999 Gary L. Granville, County Clerk-Recorder P. O. Box 238 Santa Ana, CA 92702 Enclosed please find "Acceptance of Public Improvements" for Tract 15086. Please record the acceptance and return to the City of Huntington Beach, Office of the City Clerk, 2000 Main Street, Huntington Beach, CA 92648. Please return the conformed copy of the acceptance when recorded and return to this office in the enclosed self-addressed stamped envelope. ems, aad" Connie Brockway, CIVIC City Clerk Enclosures g:\followup\deedltr: G:\fb11owup\deed1tr (Telephone:714-536-5227) i, CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK October 2.2, 1999-, Gary L. Granville, County Clerk-Recorder P. 0. Box 238 Santa Ana, CA 92702 Enclosed please find "Acceptance of Public Improvements" for Tract 15082. Please record the acceptance and return to the City of Huntington Beach, Office of the City Clerk, 2000 Main Street, Huntington Beach, ,A 92648. Please return the conformed copy of the acceptance when recorded and return to this office in the enclosed self-addressed stamped envelope. G�� Connie Brockway, CIVIC City Clerk Enclosures g:\followup\deeditr: G:\fb11owup\deed1tr (Telephone:714-536-5227) { (8) 10/18/99- Council/AOncy Agenda - Page 8 D. Public Hearings - None E. CONSENT CALENDAR All matters listed on the Consent Calendar are considered by the City Council and Redevelopment Agency to be routine and will be enacted by one motion in the form listed. Recommended Action: Approve all items on the Consent Calendar by affirmative roll call vote. E-1. (City Council/Redevelopment Agency) Minutes -Approve and adopt the minutes of the City Council/Redevelopment Agency regular meeting of September 7, 1999 as written and on file in the Office of the City Clerk. Submitted by the City Clerk [Approved and adopted 6-0-1 (Julien absent)] E-2. (City Council) Approve the Release of Securities for Tract No. 15082 and Accept the Public Improvements—Shea Vickers Residential. LLC—s/o Garfield Avenue — w/o Goldenwest Street—(Holly-Seacliff Specific Plan) (420.60) — 1. Accept the improvements constructed and dedicated for public use with Tract No. 15082; and 2. Release the Faithful Performance/Labor and Material 17-99-18 and Monument Bond No. 17-99-19 pursuant to California Government Code Section No. 66499.7(b); and, 3. Accept Maintenance Bond No. 17-99-18; 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, Shea Vickers Residential, LLC, of this action, and the City Treasurer to notify the Surety, American Home Assurance Company, of this action and, 5. Instruct the City Clerk to record the Notice of Acceptance of Public Improvements (attached) with the Orange County Recorder. Submitted by the Director of Public Works [Approved 6-0-1 (Julien absent)] E-3. (City Council) Approve the Release of Securities for Tract No. 15083 and Accept the Public Improvements— Shea Vickers Residential, LLC -w/o Goldenwest Street —s/o Garfield Avenue—(Holly-Seacliff Specific Plan) (420.60) — 1. Accept the improvements constructed and dedicated for public use with Tract No. 15083; and 2. Release the Faithful Performance/Labor and Material No. 17-99-20 and Monument Bond No. 18-20-91 pursuant to California Government Code Section No. 66499.7(b); and 3. Accept the Maintenance Bond No. 17-99-20; 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, Shea Vickers Residential, LLC, of this action; and 5. Instruct the City Clerk to record the Notice of Acceptance of Public Improvements (attached) with the Orange County Recorder. Submitted by the Director of Public Works [Approved 6-0-1 (Julien absent)] CITY OF HUNTINGTON BEA* MEETING DATE: October 18, 1999 DEPARTMENT ID NUMBER: PW99-106 Council/Agency Meeting Held: 7rred/Continued to: Approved ❑Pl nditionally Approvvd ❑ Denied rPur� 61Y Clerk's Signature Council Meeting Date: October 18, 1999 Department ID Number: PW99-106 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION C r3 SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS ' SUBMITTED BY: RAY SILVER, City Administrator ;cs7- 0 > ;;- PREPARED BY: OBERT F. BEARDSLEY, Director of Public Works -, y SUBJECT: APPROVE THE RELEASE OF SECURITIES FOR TRACT NO. f5082 AND ACCEPT THE PUBLIC IMPROVEMENTS Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachments) Statement of Issue: Shea Vickers Residential, LLC, the. developer of Tract No. 15082, located south of Garfield Avenue and west of Goldenwest Street, has completed all required public improvements and is requesting a release of securities pursuant to the provisions of the. Subdivision Map Act. Funding Source: Not applicable Recommended Action: Motion to: 1. Accept the improvements constructed and dedicated for public use with Tract No. 15082 and, 2. Release the Faithful Performance/Labor and Material No. 17-99-18 and Monument Bond No. 17-99-19 pursuant to California Government Code Section No. 66499.7(b); and, 3. Accept Maintenance Bond No. 17-99-18; 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, Shea Vickers Residential, LLC, of this action, and the City Treasurer to notify the Surety, American Home Assurance Company, of this action; and, 5. Instruct the City Clerk to record the "Notice of Acceptance of Public Improvements" (attached) with the Orange County Recorder. TR 15082 bond release -2- 10104/99 9:03 AM REQUEST FOR COUNCIL ACTIM MEETING DATE: October 18, 1999 DEPARTMENT ID NUMBER: PW99-106 Alternative Action(s): Deny the recommended action. Analysis: On July 1, 1996, the City Council approved Final Map No. 15082 and accepted Bonds from PLC Land Co., the securities furnished for Faithful Performance/Labor & Material and Monuments. On August 4, 1997, Shea Vickers Residential, LLC purchased Tract No. 15082 and substituted their bonds in place of PLC's. The developer, Shea Vickers Residential, LLC, has completed all required public improvements, and is requesting acceptance of the work and release of the faithful performance, labor and material and monument bonds, pursuant to Calif. Government Code Section 66499.79(a). Public improvements constructed consist of all the domestic water system and appurtenances within the private streets as defined and conditioned by the City on Tentative Map 14700. The City Engineer has determined that the improvements have been constructed in substantial compliance with the approved plans and specifications, and recommends acceptance of the improvements. Calif. Government Code Section No. 66499.3 (d) requires that security for the guarantee and warranty of the improvements be posted upon acceptance of the public improvements. The developer has provided Maintenance Bond No. 17-99-18 as security. Following is a list of project data: Developer: Shea Vickers Residential, LLC, 655 Brea Canyon Rd., Walnut, CA. 91788 Engineer: Walden & Assoc., 18012 Cowan, Ste. 210, Irvine, CA. 92714 Title Co.: First American Title Co., 114 E. 5th St., Santa Ana, Ca. 92702 Surety: American Home Assurance Company, 70 Pine St., New York, N.Y. 10270 Location: South of Garfield Avenue and west of Goldenwest Street Lots: 29 numbered lots and 1 lettered lot Acreage: 7.712 Zone: Holly-Seacliff Specific Plan Environmental Status: This recommended action is a ministerial act, and is exempt from the requirements of the California Environmental Quality Act, pursuant to State CEQA Guidelines, Cal. Admin. Code, Title 14, Chapter 3, Section 15268 (b). Attachment(s): City Clerk's Page Number No. Description 1 Location Map 2 Maintenance Bond No. 17-99-18 3 "Notice of Acceptance of Public Improvements" RCA Author: Bruce Crosby TR 15082 bond release -3- 10/04/99 9:03 AM ATTACHMENT 1 JJJlllf ulw1 `w �q 1/1/•/\ � q•., / wI.7 uw.n owe 'M• OlM'• ! n A '�i.�a"n,.w��Aw�'r rn/ %' nlnp nd.�n w� 1,,�yw!�•1 !l. vl��rl\ / 'I.��'!%, �'A 1 � Ih ! 11..1!N. �Irgr,•{��1\., . urww+o:lac +. yy"�11..�•'`j•1��•: • �:'1!.h ': n- � wily.w n 1 1 �"�l J.q'`.V(w' .i.�Ij 1i 1 ( J�I� I+n,`�:r .c•� N � I � N��1 •� rJ 1 .ti.a• 11 1 !•1�8�°\al f ul1r n- .wa .. , ►+.Il,u; 1. 1 11 �[n SEACUFF J / ,1;,1 I SCACl6F OOIf COURSE I iNj'�w j COIF COURSE • i1 !•� 1 li nN 1 ,I.e•1 -.1�J.•, 1wYYA i I 11 1, w./ a.�(F\ i�'/,/��/u� ''. �off.".. � l`1. s • 1 a n n. •-1 wl •q C i• So N 1 wwl '` . li.� "�oA•�c-1 • JI��I.. �w�.1-� w.1 - w�w l J n.wrn SFAurr COIF COURSE j ALU17J A: PHASE YAPCIATFS FOR .,. ��A+ mrlr+•q I......r TENTATIVE TRACT M. 1/7W — ---— PENIMMLA 11 1 ATTACHMENT 2 I have received Maintenance Bond No. 17-99-18 —American Home Assurance Company for Shea Vickers Residential, LLC. /o /S� 99 RE: Tract No. 15082 — Shea Vickers Residential LLC - Approved by City Council. Item E-2. Dated: By: t�4 I have received Maintenance Bond No. 17-99-20—American Home Assurance Company for Shea Vickers Residential, LLC. RE: Tract No. 15083—Shea Vickers Residential LLC - Approved 10/18/99 by City Council. Item E-3. Dated: By: I have received Maintenance Bond No. 18-20-92 —American Home Assurance Company for Shea Vickers Residential, LLC. RE: Tract No. 15084—Shea Vickers Residential LLC -Approved 10/18/99 by City Council. Item E-4. Dated: 11-1-R 9 n By: I have received Maintenance Bond No. 18-20-94—American Home Assurance Company for Shea Vickers Residential, LLC. RE: Tract No. 15086—Shea Vickers Residential LLC - Approved 10/18/99 by City Council. Item E-5. Dated: 11-1-99 By: AIU Insurance Company A04 Worldwide American Home Assurance CompanyBonding Granite State Insurance Company American International Companies The Insurance Company of the State of Pennsylvania National Union Fire Insurance Company of Pittsburgh.Pa. Principal Bond Office New Hampshire Insurance Company 70 Pine Street, New York, N.Y. 10270 MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS: That Shea Vickers Residential, LLC as Principal,and American Home Assurance Company as Surety,are held and firmly bound unto_ City of Huntington Beach as Obligee,in the full and just sum of Seventeen thousand seven hundred seventy nine and no/100---- Dollars fS 17,779.00 ),for the payment of which sum,well and truly to be made,the Principal and Surety bind themselves,their heirs,executors,administrators,successors and assigns,jointly and severally,firmly by these presents. WHEREAS,The Principal has entered into a written�ca�ste$atA March 1997 with the Obligee for Public improvements, Tract 15082 and WHEREAS,said contract provides that the Principal will furnish a bond conditioned to guarantee for the period of one year after approval of the final estimate on said job,by the owner,against all defects in workmanship and materials which may become apparent during said period. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal 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 aforesaid period,then this obligation shall be void;otherwise to remain in full force and effect. SHEA VICKERS RESIDENTIAL, LLC, a Delaware Signed,seaied and dated December 9. 1998 limited liability company By: SHEA HOMES LIMITED PARTNERSHIP, a California limited partnership By: J. F. SHEA CO. , INC. , a Nevada fr corporatibiTVP21ts general parf�t?V (Witnes ) - :0 j By (Title) iT 1i u_`i01{, Ci-Y rttcrney, By" D"^� `y Ci Ly`7-t Forney AMERICAN HOME ASSURANCE COMPANY (Suretv) Bond No. 17-99-18 By Premium included Patricia H. Brebner Attorney-In-Fact in performance bond 295Z6 3.91� CALIFORNIA ALL-PURPOSE �WOWLEDGMENT No.5907 State of California County of orange On December 9, 1998 before me, Jeri Apodaca, Notary Public DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE.NOTARY PUBLIC" personally appeared Patricia H. Brebner , NAME(S)OF SIGNER(S) x❑ personally known to me - OR - ❑ proved tome 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 JERI APODACA his/her/their authorized capacity(ies), and that by his/her/their Comm,#1193808 signature(s)on the instrument the person(s), or the entity upon N ="� NOTARY PUBLIC-CALIFORNIA behalf of which the person(s) acted, executed the instrument. O.-anga County .. k'y Ce m. Expires Aug.1 ,2002 t WITNESS my hand and official seal. �11 110r1 CI-C e-1 SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL x❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES ❑ OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE WC-4087/EP 7/94 ©1993 NATIONAL NOTARY ASSOCIATION 0 8236 Remmet Ave., P.O. Box 7184 0 Canoga Park,CA 91309-7184 American Home Assurance Corl*y • POWER OF ATTORNEY National Union Fire Insurance Company of Pittsburgh,Pa. Principal Bond Office: 175 Water Street,New York,N.Y. 10038 No.05-B-34295 KNOW ALL MEN BY THESE PRESENTS: That American Home Assurance Company, a New York corporation, and National Union Fire Insurance Company of Pittsburgh, Pa., a Pennsylvania corporation,does each hereby appoint ---Mike Parizino,James W.Moilanen,Robert M.Minot,Janina Monroe,Sheila K.McDonald,Jeri Apodaca,Patricia H.Brebner, . Linda Enright: of Santa Ana,California--- its true and lawful Attorney(s)-in-Fact,with full authority to execute on its behalf bonds,undertakings,recognizances and other contracts of indemnity and writings obligatory in the nature thereof,issued in the course of its business,and to bind the respective company thereby. IN WITNESS WHEREOF,American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh,Pa.have each executed these presents � r a this 28th day of�uly, 1998. 0 ;s •�� A L ence W.Carlstrom,Senior Vice President �► National Union Fire Insurance Company of Pittsburgh,PA. Vice President,American Home Assurance Company. STATE OF NEW YORK } COUNTY OF NEW YORK }ss. On this 28th day of Jam, 1998 before me came the above named officer of American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa., to me personally DEBMA.NAY known to be the individual and officer described herein, and eq acknowledged that he executed the foregoing instrument and affixed NO-01 1428 the seals of said corporations thereto by authority of his office. Quaw in sum cmty, ORIVAn EOvs.Byte 30, CERTIFICATE Excerpts of Resolutions adopted by the Boards of Directors of American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh,Pa.on May 18, 1976: 'RESOLVED,that the Chairman of the Board,the President,or any Vice President be,and hereby is,authorized to appoint Attorneys-in-Fact to represent and act for and on behalf of the Company to execute bonds,undertakings,recognizances and other contracts of indemnity and writings obligatory in the nature thereof,and to attach thereto the corporate seal of the Company,in the transaction of its surety business; 'RESOLVED, that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any. certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed with respect to any bond,undertaking,recognizance or other contract of indemnity or writing obligatory in the nature thereof; "RESOLVED, that any such Attorney-in-Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert in such certification the date thereof,said date to be not later than the date of delivery thereof by such Attorney-in-Fact." 1,Elizabeth M.Tuck,Secretary of American Home Assurance Company and of National Union Fire Insurance Company of Pittsburgh,Pa.do hereby certify that the foregoing excerpts of Resolutions adopted by the Boards of Directors of these corporations,and the Powers of Attorney issued pursuant thereto,are true and correct,and that both the Resolutions and the Powers of Attorney are in full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of each corporation this 9th day of December , 1998 . 3 lizabeth M.Tuck,Secretary 65166(4/96) ATTACHMENT 3 !. * r i, CITY OF HUNTING°TON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK October 22, 1999 Gary L. Granville, County Clerk-Recorder P. O. Box 238 Santa Ana, CA 92702 Enclosed please find "Acceptance of Public Improvements" for Tract 15082. Please record the acceptance and return to the City of Huntington Beach, Office of the City Clerk, 2000 Main Street, Huntington Beach, CA 92648. i Please return the conformed copy of the acceptance when recorded and return to this office in theenclosed self-addressed stamped envelope. Connie Brockway, CIVIC City Clerk Enclosures g:\followup\deeditr: GAf611owup\deed1tr (Telephone:714-536-5227) i Recording requested by, Recorded in the County of Orange, California and when recorded return to: Gary L. Granville, Clerk/Recorder Connie Brockway,City Clerk I III) I I I I I II I II I IIIIIII 1111111111 1111111 III No Fee Office of the City Clerk 19990860326 12;04pm 12/20/99 CITY OF HUNTINGTON BEACH 005 12064559 •12 27 A04 1 6.00 0.00 0.00 0.00 0.00 0.00 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 Zoning and Subdivision Ordinance Section 255.22) PLEASE TAKE NOTICE THAT on September 22, 1999, the, City Engineer considered the subdivision improvements described below, and found them to have been completed / E satisfactory and accepted, as limited by Huntington Beach Zoning and Subdivision Ordinance 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. 15082. Public improvements constructed consist of all the domestic water system and appurtenances within the private streets as defined and conditioned by the City on Tentative Map 14700. The Foregoing Instrument is the City Clerk' s Original DocumentReflecting City Council Action Taken at City Council Meeting Submitted for Re ordation by the — Orange County Recorder._ Atr_� t;�; ,Ie- vR R�_19 _ CITY OF H TINGTON EACH City,.,Cle;? and_Ex-officio Clerk of thy;-C', ty .ahunci l of the City of by: Deputy City Engineer Hun ngtor Be ch; C lifornia By �"' Deputy 1, y: City AttorneyId 36220 Tax-Exempt-Government Agency This document is solely for the CITY OF P.UN T INGTON BEAi.:H o ficsed �:t nin';ss of th9 City �rec&.'say,ciiir �� Clark _ _ n r�,`7� �,-•'`.,.,i,`sja d'."W•_"�''t i �:±�:[�s;e, as 6`i®r$tA�rrl- BY• Q�,-V ,Trnnn ^t Code Y 'ru 61 and- should be recordeduty City Clerk free of charge. RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Approve the Release of Securities for Tract No. 15082 and Accept the Public Improvements COUNCIL MEETING DATE: October 18, 1999 RCA ATTACHMENTS„ STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Attached Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION-FOR MI.SSING�ATTACHMENTS REVIEWED: RETURNED FORWARDED Administrative Staff jo f 9 J. ;j 0 ( Assistant City Administrator (Initial) City Administrator (Initial) City Clerk ( ) EXPLANATION FOR-RETURN OF:ITEM Only)(Below Space For City Clerk's Use RCA Author: Bruce Crosby • i, CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY GLERK CONNIE BROCKWAY CITY CLERK LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/ REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH DATE: ©(,D b eA-.jg A 4 /9 9 9 TO:, he../ L'ILleAS 1&51d&2hs&Z ATTENTION: Name Q _1; J'5�Y2ti C.2 h y0 �O.CGC DEPARTMENT: str REGARDING: City,State,Zip ��rlG!/Df/Z�//G ��Ve��• See Attached Action Agenda Item Z—3 Date of Approval Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. Remarks: d Connie Brockway City Clerk Attachments: Action Agenda Page Agreement Bonds Insurance RCA Deed Other CC: //i'o h, .cb/�� s ✓ o r�.o�s Nn��G / Departnient '1 RCA Agreement Insurance Other N De2Wment RCA Agreement Insurance O �. Name Department RCA Agreement Insurance Other Name Department RCA Agreement Insurance Other Risk Management Dept. Insurance ' Received by Name-Company Name- Date G:Followup/coverltr (Telephone:714-536-5227) �o ¢Q,edb/tVr • '' Yea s u re.R, Council/Agency Meeting Held: D 1 Deferred/Continued to: Approved ❑ �orijt�onally Approved ❑ Denied _ WWY Clerk's Signature Council Meeting Date: October 18, 1999 Department ID Number: PW99-105 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION E= �. SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS Ir� j 1 M SUBMITTED BY: RAY SILVER, City Administrator - lJ > PREPARED BY: Robert F. Beardsley, Director of Public Works � SUBJECT: APPROVE THE RELEASE OF SECURITIES FOR TRACT NO. 15083 AND ACCEPT THE PUBLIC IMPROVEMENTS Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Shea Vickers Residential, LLC, the developer of Tract No. 15083, located west of Goldenwest Street and south of Garfield Avenue, has completed all required public improvements and is requesting a release of securities pursuant to the provisions of the Subdivision Map Act. Funding Source: Not Applicable. Recommended Action: Motion to: 1. Accept the improvements constructed and dedicated for public use with Tract No. 15083; and, 2. Release the Faithful Performance/Labor and Material No. 17-99-20 and Monument Bond No. 18-20-91 pursuant to California Government Code Section No. 66499.7(b); and 3. Accept the Maintenance Bond No. 17-99-20; 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, Shea Vickers Residential, LLC, of this action, and the City Treasurer to notify The Surety, American Home Assurance Co., of this action; and, 5. Instruct the City Clerk to record the "Notice of Acceptance of Public Improvements" (attached) with the Orange County Recorder. Alternative Action(s): Deny the recommended action. GUEST FOR COUNCIL ACTIA MEETING DATE: October 18, 1999 DEPARTMENT ID NUMBER: PW99-105 Analysis: On July 1, 1996, the City Council approved Final Map No. 15083 and accepted bonds from PLC Land Company; the securities furnished for Faithful Performance/Labor & Material and Monuments. On August 4, 1997, Shea Vickers Residential, LLC, purchased Tract No. 15083 and substituted their bonds in place of PLC's. The developer, Shea Vickers Residential, LLC, has completed all required public improvements, and is requesting acceptance of the work and release of the faithful performance, labor and material and monument bonds, pursuant to Calif. Government Code Section 66499.79(a). Public improvements constructed consist of all the domestic water system and appurtenances within the private streets as defined and conditioned by the City on Tentative Map 14700. The City Engineer has determined that the improvements have been constructed in substantial compliance with the approved plans and specifications, and recommends acceptance of the improvements. Calif. Government Code Section No. 66499.3(d) requires that security for the guarantee and warranty of the improvements be posted upon acceptance of the public improvements. The developer has provided Maintenance Bond No. 17-99-20 as security. Following is a list of project data: Developer: Shea Vickers Residential, LLC, 655 Brea Canyon Road, Walnut, CA 91788 Engineer: Walden &Associates, 18012 Cowan, Suite 210, Irvine, CA 92714 Title Co.: First American Title Co., 114 E. 5t' Street, Santa Ana, CA 92702 Surety: American Home Assurance Company, 70 Pine Street, New York, NY 10270 Location: West of Goldenwest Street and south of Garfield Avenue Lots: 30 numbered lots and 1 lettered lot Acreage: 6.737 Zone: Holly-Seacliff Specific Plan Environmental Status: This recommended action is a ministerial act, and is exempt from the requirements of the California Environmental Quality Act, pursuant to State CEQA Guidelines, Cal. Admin. Code, Title 14, Chapter 3. Section 15268(b). Attachment(s): NumberCity Clerk's Page . Description 1 Location Map 2 Guarantee and Warranty Bond No. 17-99-20 3 "Notice of Acceptance of Public Improvements" RCA Author: T. Elliott r TR 15083 bond release -2- 10/04/99 8:56 AM ATTACHMENT 1 ,. D yy 1� py pc i `••_'... r g/rs j ... �.., I.�.. I ! p • /wwlri rw-'' lr lulrrlw Dlw lr wow 1 � , � .'-+. l7 •{i i�� lit Jwsls (. t•w I w :v:.n o.uc /.' ^w'q .. ..' ( wi��p 1. n/,1 ,��{}�1�u�l�\�.•tlp'f•n'Ml�:.�t'•��•�:. r•,� ,!i . .n 1 .JKY • 7p�q � I�ww. N IDS; IIIM n. w 1•� ~I.11 '11!'�h 11 ! 1 \SEACLIrr I rlp•Irr'\tl ! u 1a'�I' I b SEACLWF GOV COURSE ,1 i tlf^/a COLF COURSE ., u•I J1.1'' w.,. �, M •1 Y ` 1 1. w I � 1 ,C N ' •'. n' 1 �•i is.. w...�9 w~\ \u\�0�,r. ■ p1 D 11 n_ 1�\'� 'n/(r a Ir q 1�jK si.� g7-1 l rr 0.1 .-"1 I,tl+ �•1 ; w\q I il e � l� r w•1.1•d.I � SEACUrr GOLr COURSE S _ S,OCIATES ~� r r..r..r FOR • tip•• mn—«+ TENTATIVE TRACT NO. 147W _---- PENIta" 11 1 ATTACHMENT 2 AIU Insurance Company Worldwide American Home Assurance Company Bonding Granite State Insurance company American International Companies The insurance Company of the State of Pennsylvania National Union Fire Insurance Company of Pittsburgh. Pa. Principal Bond Office New Hampshire Insurance Company 70 Pine Street, New York, N.Y. 10270 MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS: That Shea Vickers Residential, LLC as Principal,and American Home Assurance Company as Surety,are held and firmly bound unto City of Huntington Beach ,as Obligee,in the full and just sum of Eleven thousand two hundred twenty eight and no/100---- Dollars (S 11,228.00 I,for the payment of which sum,well and truly to be made,the Principal and Surety bind themselves,their heirs,executors,administrators,successors and assigns,jointly and severally,firmly by these presents. WHEREAS,The Principal has entered into a writtenxaa&reellet March 1997 with the Obligee for Public improvements, Tract 15083 and WHEREAS,said contract provides that the Principal will furnish a bond conditioned to guarantee for the period of one year after approval of the final estimate on said job,by the owner,against all defects in workmanship and materials which may become apparent during said period. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal 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 aforesaid period,then this obligation shall be void;otherwise to remain in full force and effect. SHEA VICKERS RESIDENTIAL, LLC, a Delaware Signed,seared and da-zed December 9. 1998 limited liability company By: SHEA HOMES LIMITED PARTNERSHIP, a Californi limited partnership By: J. F. SHEA CO. , INC. , a Nevada corporati"diTc.iollts eneral par&Vi- (witne ) 1 By To ` (Title) C::l11L 1L'U' V.. y ! nrney BY..:; Deputy Cl L r_,v,, r 8 AMF_.RTC'AN HOME ASSURANCE COMPANY (Surety) A,. Bond No. 17-99-20 M/28/9� By r ' . r Premium included in Patricia H. Brebner ' Attorney-In-Fact performance bond 29=26 •3.841 CALIFORNIA ALL-PURPO EAMNOWLEDGMENT No.5907 State Of Calif oxnia I - - County Of Orange On December 9, 1998 before me, Jexi Apodaca, Notary Public DATE NAME,TITLE OF OFFICER-E.G.."JANE DOE.NOTARY PUBLIC" personally appeared Patricia H. Bxebnex , NAME(S)OF SIGNER(S) © 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 JERI APODACA signature(s)on the instrument the person(s),or the entity upon Comm. 1193808 < behalf of which the person(s) acted, executed the instrument. NOTARY PUBLIC-CALIFORNIA j° Orange County h1y Comm. Expires Aug.t 7 2po2s WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could-; prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) vt ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL x❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) 1' ❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES x ❑ OTHER: 'i SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(IES) €> 7 J.,tx SIGNER(S) OTHER THAN NAMED ABOVE WC-4087/EP 7/94 ©1993 NATIONAL NOTARY ASSOCIATION 0 8238 Remmet Ave.. P.O. Box 7184 0 Canoga Park CA 91309-_7184 :; American Home Assurance Coy POWER OF ATTORNEY National Union Fire Insurance Coo pany of Pittsburgh, Pa. Principal Bond Office: 175 Water Street,New York,N.Y. 10038 No.05-B-34295 KNOW ALL MEN BY THESE PRESENTS: That American Home Assurance Company, a New York corporation, and National Union Fire Insurance Company of Pittsburgh, Pa., a Pennsylvania corporation,does each hereby appoint ---Mike Parizino,James W.Moilanen,Robert M.Minot,Janina Monroe,Sheila K.McDonald,Jeri Apodaca,Patricia H.Brebner, . Linda Enright: of Santa Ana,California— its true and lawful Attorney(s)-in-Fact,with full authority to execute on its behalf bonds,undertakings,recognizances and other contracts of indemnity and writings obligatory in the nature thereof,issued in the course of its business,and to bind the respective company thereby. IN WITNESS WHEREOF,American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh,Pa.have each executed these presents J+a� this 28th day of Jam, 1998. ya A� L ence W.Carlstrom,Senior Vice President •� �' National Union Fire Insurance Company of Pittsburgh,PA. Vice President,American Home Assurance Company STATE OF NEW YORK } COUNTY OF NEW YORK }ss. On this 28th day of July, 1998 before me came the above named officer of American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa., to me personallyMMHA-HAYM known to be the individual and officer described herein, and fthWPWr,3kb0fftWWk acknowledged that he executed the foregoing instrument and affixed NO.01WAM1428 the seals of said corporations thereto by authority of his office. QWNWInuftCo1IMy 11 E@S.ilW*30, � CERTIFICATE Excerpts of Resolutions adopted by the Boards of Directors of American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh,Pa.on May 18,1976: "RESOLVED,that the Chairman of the Board,the President,or any Vice President be,and hereby is,authorized to appoint Attomeys-in-Fact to represent and act for and on behalf of the Company to execute bonds,undertakings,recognizances and other contracts of indemnity and writings obligatory in the nature thereof,and to attach thereto the corporate seal of the Company,in the transaction of its surety business; "RESOLVED, that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed with respect to any bond,undertaking,recognizance or other contract of indemnity or writing obligatory in the nature thereof; "RESOLVED, that any such Attorney-in-Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert in such certification the date thereof,said date to be not later than the date of delivery thereof by such Attomey-in-Fact." I,Elizabeth M.Tuck,Secretary of American Home Assurance Company and of National Union Fire Insurance Company of Pittsburgh,Pa.do hereby certify that the foregoing excerpts of Resolutions adopted by the Boards of Directors of these corporations,and the Powers of Attorney issued pursuant thereto,are true and correct,and that both the Resolutions and the Powers of Attorney are in full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of each corporation this 9th dayof December , 19_8. lizabeth M.Tuck,Secretary 65166(4/96) ATTACHMENT 3 j CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK October 22, 1999 Gary L. Granville, County Clerk-Recorder P. O. Box 238 Santa Ana, CA 92702 Enclosed please find "Acceptance of Public Improvements" for Tract 15083. Please record the acceptance and return to the City of Huntington Beach, Office of the City Clerk, 2000 Main Street, Huntington Beach, CA 92648. Please return the conformed copy of the acceptance when recorded and return to this office in the enclosed self-addressed stamped envelope. Connie Brockway, CIVIC City Clerk Enclosures - g:\followup\deedltr: i GAfb11owup\deed1tr (Telephone:714536-5227) * ! Recording requested by, Recorded in the County of Orange, California Gary L. Granville, Clerk/Recorder and when recorded return to: III I IIIII II I I I II II IIIII I I I II II II I I I I III II No Fee Connie Brockway,City Clerk 19990860327 12:04pm 12/20/99 Office of the City Clerk 005 12064559 12 27 CITY OF HUNTINGTON BEACH A04 1 6.00 0.00 0.00 0.00 0.00 0.00 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 Zoning and Subdivision Ordinance Section 255.22) PLEASE TAKE NOTICE THAT on September 22, 1999, the City Engineer considered � the subdivision improvements described below, and found them to have been completed _ 11 satisfactory and accepted, as limited by Huntington Beach Zoning and Subdivision Ordinance t� 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. 15083. Public improvements constructed consist of all the domestic water system and appurtenances within the private streets as defined and conditioned by the City on Tentative Map 14700. The Foregoing Instrument is the City Clerk' s Original Document Reflecting City Council Action Taken At City Council Meeting Submitted for Re ordation by the Orange County Recorder. Attest �P�C'PYr1 ?- 199,7 CITY OF HUNTINGT0 EACH CONNIE BROCKWAY City C e"`7:.and Ex-officio Clerk of `the -City. rA-Qncil of the City of ;i Hunt:ifzytj)n;, .e . h, C lifornia by: Deputy City Engineer By . �� Deputy y: City Attorney qld-7* 36221 Tris document is solely for the Tax-Exempt-Gbvsrnmert Agency CITY O f•-U ri! e C,I i'�Au$I cMaz Contemn C nie 3roc^,vv—;,City C%W':, Goya <..o. 01 a ._-2 oaEculd be recorded BY free 0-9--charge. e4puty City Clerk RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Approve the Release of Securities for Tract No. 15083 and Accept the Public Improvements COUNCIL MEETING DATE: October 18, 1999 RCA ATTACHMENTS KK STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Attached Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS RETURNED ''REVIEWED . FORWARDED . ... Administrative Staff 19V101 3,ad ( ) ( ) Assistant City Administrator (Initial) ( ) ( ) City Administrator (Initial) ( ) ( mod ) City Clerk ( ) EXPLANATION FOR.RETURN OF ITEM., Gl� do Y Zo-9i Only)(Below Space For City Clerk's Use RCA Author: T. Elliott i. CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK , LETTER OF TRANSMITTAL.OF ITEM APPROVED BY THE CITY COUNCIL/ REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH DATE: TO: Q 6egj/N ATTENTION:. N e r� DEPARTMENT: S ee REGARDING: _eA7-&k City,State,Zip See Attached Action Agenda Item Date of Approvai�d Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item.- - Remarks: 7}rj!%SUYeX ' -»ds .ads /�.e•e. Connie Brockway //I City Clerk >.�Gt-Gf1 Attachments: Action Agenda Page Agreement Bonds Insurance RCA Deed Other / CC: � fzu, Na Department RCA Agreement Insurance Othe rr j Name � a�tment RCA/ Agreement Insurance Other ZJ^e� 11YZti. ✓ Name Department RCA Agreement Insurance Other Name Department RCA Agreement Insurance Other Risk Management Dept. Insurance Received by Name-Company Name- Date GTollowup/coverltr 1 Telephone:714536-5227) (9) • 10/18/99- CouncilAcy Agenda - Page 9 E-4. (City Council) Approve the Release of Securities for Tract No. 15084 and Accept the Public Improvements—Shea Vickers Residential, LLC —s/o Garfield Avenue— w/o Goldenwest Street—(Holly-Seacliff Specific Plan) (420.60) — 1. Accept the improvements constructed and dedicated for public use with Tract No. 15084; and 2. Release the Faithful Performance/Labor and Material No. 18-20-92 and Monument Bond No. 18-20-93 pursuant to California Government Code Section No. 66499.7(b); and 3. Accept the Maintenance Bond No. 18-20-92; the security furnished for guarantee and warranty improvements, and instruct the City Clerk to file the bond with the City Treasurer; and 4. Instruct the City Clerk to notify the Developer, Shea Vickers Residential, LLC, of this action, and the City Treasurer to notify the surety, American Home Assurance Company, of this action; and 5. Instruct the City Clerk to record the Notice of Acceptance of Public Improvements (attached) with the Orange County Recorder. Submitted by the Director of Public Works [Approved 6-0-1 (Julien absent)] E-5. (City Council) Approve the Release of Securities for Tract No. 15086 and Accept the Public Improvements— Shea Vickers Residential, LLC—s/o Garfield Avenue— w/o Goldenwest Street—(Holly-Seacliff Specific Plan) (420.60) — 1. Accept the improvements constructed and dedicated for public use with Tract No. 15086; and 2. Release the Faithful Performance/Labor and Material No. 18-20-94 and Monument Bond No. 18-20-95 pursuant to California Government Code Section No. 66499.7(b); and 3. Accept Maintenance Bond No. 18-20-94; 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, Shea Vickers Residential, LLC, of this action, and the City Treasurer to notify the Surety, American Home Assurance Company, of this action; and 5. Instruct the City Clerk to record the Notice of Acceptance of Public Improvements (attached) with the Orange County Recorder. Submitted by the Director of Public Works [Approved 6-0-1 (Julien absent)] E-6. (City Council) Approve the Professional Services Contract with Psomas & Associates Inc. to Provide Consultation for Water&Wastewater Issues for the Bolsa Chica Annexation —Approve Modifications to Insurance Requirements (600.10) — 1. Approve the Professional Services Contract Between the City of Huntington Beach and Psomas &Associates, Inc., to Provide Consulting Services on Water and Wastewater Issues for the Bo/sa Chica Annexation and 2. Approve modifications to insurance requirements as recommended by the Settlement Committee. Submitted by the Director of Public Works Funding Source: Water Fund - $35,000. [Approved 6-0-1 (Julien absent)] o eRos�y PuB 1�oRxs r3EHR�se�R.Pw�D ITY OF HUNTINGTON BEA 9 Try MEETING DATE: October 18, 1999 DEPARTMENT ID NUMBER: PW99-104 Council/Agency Meeting Held: 0 / 9 7Approv erred/Continued to: tb- ❑ C ditionally Approved ❑ Denied _ D 1,c7y y Clerk's Signature Council Meeting Date: October 18, 1999 Department ID Number: PW99-104 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS o ,`-' ?: SUBMITTED BY: RAY SILVER, City Administrator. < U > -_ PREPARED BY: OBERT F. BEARDSLEY, Director of Public Works '} 00 SUBJECT: APPROVE THE RELEASE OF SECURITIES FOR TRACT Nd. 15`084 AND ACCEPT THE PUBLIC IMPROVEMENTS Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Shea Vickers Residential, LLC, the developer of Tract No. 15084, located south of Garfield Avenue and west of Goldenwest Street, has completed all required public improvements and is requesting a release of securities pursuant to the provisions of the Subdivision Map Act. Funding Source: Not applicable Recommended Action: Motion to: 1. Accept the improvements constructed and dedicated for public use with Tract No. 15084 and, 2. Release the Faithful Performance/Labor and Material No. 18-20-92 and Monument Bond No. 18-20-93 pursuant to California Government Code Section No. 66499.7(b); and, - 3. Accept Maintenance Bond No. 18-20-92; 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, Shea Vickers Residential, LLC, of this action, and the City Treasurer to notify the Surety, American Home Assurance Company, of this action; and, 5. Instruct the City Clerk to record the "Notice of Acceptance of Public Improvements" (attached) with the Orange County Recorder. Tr 15084 bond release -2- 10/04/99 8:58 AM JRUEST FOR COUNCIL ACTS MEETING DATE: October 18, 1999 DEPARTMENT ID NUMBER: PW99-104 Alternative Action(s): Deny the recommended action. Analysis: On July 1, 1996, the City Council approved Final Map No. 15084 and accepted Bonds from PLC Land Co., the securities furnished for Faithful Performance/Labor & Material and Monuments. On August 4, 1997, Shea Vickers Residential, LLC purchased Tract No. 15084 and substituted their bonds in place of PLC's. The developer, Shea Vickers Residential, LLC, has completed all required public improvements, and is requesting acceptance of the work and release of the faithful performance, labor and material and monument bonds, pursuant to Calif. Government Code Section 66499.79(a). Public improvements constructed consist of all the domestic water system and appurtenances within the private streets as defined and conditioned by the City on Tentative Map 14700. The City Engineer has determined that the improvements have been constructed in substantial compliance with the approved plans and specifications, and recommends acceptance of the improvements. Calif. Government Code Section No. 66499.3 (d) requires that security for the guarantee and warranty of the improvements be posted upon acceptance of the public improvements. The developer has provided Maintenance Bond No. 18-20-92 as security. Following is a list of project data: Developer: Shea Vickers Residential, LLC, 655 Brea Canyon Rd., Walnut, CA. 91788 Engineer: Walden &Assoc., 18012 Cowan, Ste. 210, Irvine, CA. 92714 Title Co.: First American Title Co., 114 E. 5th St., Santa Ana, Ca. 92702 Surety: American Home Assurance Company, 70 Pine St., New York, N.Y. 10270 Location: South of Garfield Avenue and west of Goldenwest Street Lots: 15 numbered lots and 2 lettered lot Acreage: 4.634 Zone: Holly-Seacliff Specific Plan Environmental Status: This recommended action is a ministerial act, and is exempt from the requirements of the California Environmental Quality Act, pursuant to State CEQA Guidelines, Cal. Admin. Code, Title 14, Chapter 3, Section 15268 (b). Attachment(s): NumberCity Clerk's Page . Description 1 Location Map 2 Maintenance Bond No. 18-20-92 3 "Notice of Acceptance of Public Improvements" RCA Author: Bruce Crosby Tr 15084 bond release -3- 10/04/99 8:58 AM ATTACHMENT 1 s ��11 YIwJ ` I �w• 4Y':� ws • '!ru,.. Y•.n• �'D.'.. .J,�r�Jr I / 1-.1 1....�11 1VIA � / •:. 9 .��»,,,)-r/• '•.I a� ' n1al11 nlal wrn w� 1 s • I�. ./ 1ow/ 0-9JI G»� ,:_`a'•I`„-:. �i:'w.n •� LI' � wiJ�,n 1.. n�'1�1 �I'�r�`.•'w�,,,i�yh:.Itr . i w r a '1 - a°•IY`yi�'a f'.lyr�ou(sl r.+'4l» 11Jw» w blw » 'r' I I SEACLIff I lit 111 u\ i "i l'I I b . SEACLIFF GOII COURSE r 1 L In,»� w COIF COURSE 1� •1r riyl (�l.�"F '.s r / u l u} ��' •.. •�� I I I r ` r. Ma Y ate.•„.. r / 1 i nIs.�e w., w\..11¢dY� n� -.I.. wwnppwn o.y. ..•i��• I n��•\n\n 1 w...�9/ii•1'11 uy`\Is ��,i.. .Ii q _;_ n_ a» r .t'� nl„• v r\ 1 » r 11 /1•/�I\ sal 1'.»I 1 » 11 a SEACUff COLT COURSE y Au117, k PIMSE YAP FOR wwr ii" - -- r iww m,+=1rw Iw,,'�,.=» TENTATIVE TRACT NO. 147W PENIAMLA II 1 ATTACHMENT 2 �i. AIU Insurance Company ( Ov Worldwide American Home Assurance Company Bonding Granite state Insurance Company American International Companies The Insurance Company of the State of Pennsylvania National Union Fire Insurance Company of Pittsburgh,Pa. Principal Bond Office "•+':r,-- New Hampshire Insurance Company 70 Pine Street, New York, N.Y. 10270 ++ MAINTENANCE BOND T�.. KNOW ALL MEN BY THESE PRESENTS: `= That Shea Vickers Residential, LLC ,as Principal,and American Home Assurance Company as Surety,are held and firmly bound ;N unto_ City of Huntington Beach as Obligee,in the full and just sum;`' •. of Eight thousand two hundred ninety and no/100------ Dollarsr (S 8,290.00 ),for the payment of which sum,well and truly to be made,the Principal and Surety bind themselves,their heirs,executors,administrators,successors and assigns,jointly and severally,firmly by these presents. agree endt March 1997 r. WHEREAS,The Principal has entered into a written t ate .with the Obligee for:. Public improvements, Tract 15084 and WHEREAS,said contract provides that the Principal will furnish a bond conditioned to guarantee for the period of one year after approval of the final estimate on said job,by the owner,against all defects in workmanship and materials which may become apparent`,*; during said period. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal 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 aforesaid period,then: this obligation shall be void;otherwise to remain in full force and effect. SHEA VICKERS RESIDENTIAL, LLC, a Delaware" , Signed,sealed and dated December 9. 1998 limited liability company w By: SHEA HOMES LIMITED PARTNERSHIP, a Californt limited partnership By: J. F. SHEA CO. , INC. , a Nevada ' corporatiPdiY;iP1ts general par fLV (Wi Hess( By P (Title) 1: y-fi' orney r'-=Ly. A i crney. AMERICAN HOME ASSURANCE COMPANY — - i�/�� (surety) Bond No. 18-20-92 ?3 By Premium included in Patricia H. Brebner Attorney-In-Fact': performance bond 29586 3.34i CALIFORNIA ALL-PURPOSE NOWLEDGMENT No.5907 State of California County of Orange I On December 9, 1998 before me, Jeri Apodaca, Notary Public DATE NAME,TITLE OF OFFICER-E.G.."JANE DOE.NOTARY PUBLIC" personally appeared Patricia H. Brebner , NAME(S)OF SIGNER(S) 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 JERI APODACCA behalf of which the person(s) acted, executed the instrument. Comm.#1193808 NOTARY PUBLIC-CALIFORNIA UI ® ^ Orange County WITNESS my hand and official seal. ry Cc ,. cxpi!e5 d.�e.17,2002 i SIGNATURE OF NOTAV OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL x❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES ❑ OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE WC-4087/EP 7/94 ©1993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave.. P.O. Box 7184 0 Canoga Park.CA 91309-7184 American Home Assurance Cony • POWER OF ATTORNEY National Union Fire Insurance Company of Pittsburgh, Pa. Principal Bond Office: 175 Water Street,New York,N.Y. 10038 No.05-B-34295 KNOW ALL MEN BY THESE PRESENTS: That American Home Assurance Company, a New York corporation, and National Union Fire Insurance Company of Pittsburgh, Pa., a Pennsylvania corporation,does each hereby appoint --Mike Parizino,James W.Moilanen,Robert M.Minot,Janina Monroe,Sheila K.McDonald,Jeri Apodaca,Patricia H.Brebner, Linda Enright: of Santa Ana,California--- its true and lawful Attomey(s)-in-Fact,with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof,issued in the course of its business,and to bind the respective company thereby. IN WITNESS WHEREOF,American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh,Pa.have each executed these presents +a� this 28th day of Jam, 1998. L Ance .Carlstrom,Senior Vice President •'� �► National Union Fire Insurance Company of Pittsburgh,PA. Vice President,American Home Assurance Company STATE OF NEW YORK } COUNTY OF NEW YORK }ss. On this 28th day of Jam, 1998 before me came the above named officer of American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa., to me personally known to be the individual and officer described herein, and acknowledged that he executed the foregoing instrument and affixed NO.OUNMI428 the seals of said corporations thereto by authority of his office. 10 Ctwadjr QZN"kdm EOS.lt m 30, CERTIFICATE Excerpts of Resolutions adopted by the Boards of Directors of American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh,Pa.on May 18, 1976: 'RESOLVED,that the Chairman of the Board,the President,or any Vice President be,and hereby is,authorized to appoint Attorneys-in-Fact to represent and act for and on behalf of the Company to execute bonds,undertakings,recognizances and other contracts of indemnity and writings obligatory in the nature thereof,and to attach thereto the corporate seal of the Company,in the transaction of its surety business; 'RESOLVED,that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed with respect to any bond,undertaking,recognizance or other contract of indemnity or writing obligatory in the nature thereof; "RESOLVED, that any such Attorney-in-Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert in such certification the date thereof,said date to be not later than the date of delivery thereof by such Attomey-in-Fact." I,Elizabeth M.Tuck,Secretary of American Home Assurance Company and of National Union Fire Insurance Company of Pittsburgh,Pa.do hereby certify that the foregoing excerpts of Resolutions adopted by the Boards of Directors of these corporations,and the Powers of Attorney issued pursuant thereto,are true and correct,and that both the Resolutions and the Powers of Attorney are in full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of each corporation this 9th day of December 19 98. lizabeth M.Tuck,Secretary o0 65166(4/96) ATTACHMENT 3 � CITY OF HUNT'ING°TON BEACH [Olin 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK October 22, 1999 Gary L. Granville, County Clerk-Recorder P. O. Box 238 Santa Ana, CA 92702 Enclosed please find "Acceptance of Public Improvements for Tract 15084. Please record the acceptance and return to the City of Huntington Beach, Office of the:City Clerk, 2000 Main Street, Huntington Beach, CA 92648. Please return the conformed copy of the acceptance when recorded and return to this office in the enclosed self-addressed stamped envelope. Zip Connie Brockway, CIVIC City Clerk Enclosures g:\followup\deedltr: r GAfollowup\deedltr (Telephone:714-536-5227) Recorded in the County of orange, California Recording requested by, Gary L. Granville, Clerk/Recorder and when recorded return to: I111111IIIII IIIII11111IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII No Fee i Connie Brockway,City Clerk ' 19990860328 12;04pm 12/20/99 Office of the City Clerk 1 005 12064559 12 27 CITY OF HUNTINGTON BEACH A04 1 6.00 0.00 0.00 0.00 0.00 0.00 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 Zoning and Subdivision Ordinance Section 255.22) PLEASE TAKE NOTICE THAT on September 22, 1999, the City Engineer considered the subdivision improvements described below, and found them to have been completed I satisfactory and accepted, as limited by Huntington Beach Zoning and Subdivision Ordinance Section 255.22(A), the improvements for public use. Further, the public improvements for the subdivision(s) have been dedicated to the City p\ of Huntington Beach, as described on Final Map No. 15084. Public improvements constructed consist of all the domestic water system and appurtenances within the private streets as defined and conditioned by the City on Tentative Map 14700. The Foregoing Instrument is the City Clerk' s Original Document Reflecting City Council Action Taken at / City Council t-leeting - Submitted for Re ordation by the Oranae-. County Recorder-__ CITY OF HUNTIN T BEACH Attest Q'e.,z,e4� (� 19� .l"iONNIE BROCKMy 1 City Caer)r'end Ex-off icio Clerk of by: Deputy City Engineer t;:hc:,� Ci:t ,C-'ncil of the City- of • . orf'� Hunt tori"l,each Calif rnia By Deputy by: City Attorney 3622 h-<z do-c-�=,znr is solely for the Ta;c��xsrr;ps�c9tc;n?rce�#Agency This document is solely fe 6.1ilu CEerk Pv aI'r.rlal business of the City l5 �rlc tot Jnic"ar�ilB�d'E:a'h`8'��'9ent Code 8; ',�airy t� iwg e feee oy v ,k.Ga. Sec. 6103 and should be recorded free of charge. RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Approve the Release of Securities for Tract No. 15084 and Accept the Public Improvements COUNCIL MEETING DATE: October 18, 1999 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 Attomey) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Attached Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED .FORWARDED Administrative Staff lclylff Assistant City Administrator (Initial) City Administrator (Initial) City Clerk ( ) EXPLANATION'FOR`RETURN OF ITEM Only)(Below Space For City Clerk's Use RCA Author: Bruce Crosby CITY OF HUNTINGTON BEA �YQQs�ne MEETING DATE: October 18, 1999 DEPARTMENT ID NUMBER: PW99-103 Council/Agency Meeting Held: 1`'9 � 6D 7Approved ed/Continued to: ❑ Conditionally Approved ❑ Denied y Clerk's Signature Council Meeting Date: October 18, 1999 Department ID Number: PW99-103 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION C3 SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS Y r_ C SUBMITTED BY: RAY SILVER, City Administrator sue , 7 W- PREPARED BY: ROBERT F. BEARDSLEY, Director of Public Works SUBJECT: APPROVE THE RELEASE OF SECURITIES FOR TRACT NO: 15086 AND ACCEPT THE PUBLIC IMPROVEMENTS Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Shea Vickers Residential, LLC, the developer of Tract No. 15086, located south of Garfield Avenue and west of Goldenwest Street, has completed all required public improvements and is requesting a release of securities pursuant to the provisions of the Subdivision Map Act. Funding Source: Not applicable Recommended Action: Motion to: 1. Accept the improvements constructed and dedicated for public use with Tract No. 15086 and, 2. Release the Faithful Performance/Labor and Material No. 18-20-94 and Monument Bond No. 18-20-95 pursuant to California Government Code Section No. 66499.7(b); and, 3. Accept Maintenance Bond No. 18-20-94; 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, Shea Vickers Residential, LLC, of this action, and the City Treasurer to notify the Surety, American Home Assurance Company, of this action; and, 5. Instruct the City Clerk to record the "Notice of Acceptance of Public Improvements" (attached) with the Orange County Recorder. Tr 15086 bond release -2- 09/23/99 11:21/AAM v/� REQUEST FOR COUNCIL ACTION MEETING DATE: October 18, 1999 DEPARTMENT ID NUMBER: PW99-103 Alternative Action(s): Deny the recommended action. Analysis: On July 1, 1996, the City Council approved Final Map No. 15086 and accepted Bonds from PLC Land Co., the securities furnished for Faithful Performance/Labor & Material and Monuments. On August 4, 1997, Shea Vickers Residential, LLC purchased Tract No. 15086 and substituted their bonds in place of PLC's. The developer, Shea Vickers Residential, LLC, has completed all required public improvements, and is requesting acceptance of the work and release of the faithful performance, labor and material and monument bonds, pursuant to Calif. Government Code Section 66499.79(a). Public improvements constructed consist of all the domestic water system and appurtenances within the private streets as defined and conditioned by the City on Tentative Map 14700. The City Engineer has determined that the improvements have been constructed in substantial compliance with the approved plans and specifications, and recommends acceptance of the improvements. Calif. Government Code Section No. 66499.3 (d) requires that security for the guarantee and warranty of the improvements be posted upon acceptance of the public improvements. The developer has provided Maintenance Bond No. 18-20-94 as security. Following is a list of project data: Developer: Shea Vickers Residential, LLC, 655 Brea Canyon Rd., Walnut, CA. 91788 Engineer: Walden &Assoc., 18012 Cowan, Ste. 210, Irvine, CA. 92714 Title Co.: First American Title Co., 114 E. 5th St., Santa Ana, Ca. 92702 Surety: American Home Assurance Company, 70 Pine St., New York, N.Y. 10270 Location: South of Garfield Avenue and west of Goldenwest Street Lots: 27 numbered lots and three lettered lots Acreage: 6.522 Zone: Holly-Seacliff Specific Plan Environmental Status: This recommended action is a ministerial act, and is exempt from the requirements of the California Environmental Quality Act, pursuant to State CEQA Guidelines, Cal. Admin. Code, Title 14, Chapter 3, Section 15268 (b). Attachment(s): City Clerk's . - Number No. Description 1 Location Map 2 Maintenance Bond No. 18-20-94 3 "Notice of Acceptance of Public Improvements" RCA Author: Bruce Crosby Tr 15086 bond release -3- 09/23/99 11:21 AM .j CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK e LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/ REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH DATE: &Vv h ex-, TO: 6)Ae t. /�4(?k6 l &? ;f f /—L&TTENTION: Ne D D DEPARTMENT: S eet 7 REGARDING: I `-Mr 150 d'4 City,State,Zip See Attached Action Agenda Item ,��_ Date of Approval . Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. �o Remarks: �YedSUYe�• �c7'i vAI e!y6 e,7,4 . Connie Brockway City Clerk Attachments: Action Agenda Page Agreement Bonds Insurance RCA Deed Other / EcPIX17u CC: NA5,6 ' aLI Nam � / Department RCA i Agreement Insurance Other Narv-I DZaweenn, Q RCCA/A Agreement Insurance Other Name Department RCA Agreement Insurance Other Name Department RCA Agreement Insurance Other Risk Management Dept. Insurance Received by Name-Company Name-Date G:Followup/coverltr (Telephone:714536-5227) (9) 10/18/99- Council/A ency Agenda - Page 9 E-4. (City Council) Approve the Release of Securities for Tract No. 15084 and Accept the Public Improvements—Shea Vickers Residential, LLC—s/o Garfield Avenue— w/o Goldenwest Street—(Holly-Seacliff Specific Plan) (420.60) — 1. Accept the improvements constructed and dedicated for public use with Tract No. 15084; and 2. Release the Faithful Performance/Labor and Material No. 18-20-92 and Monument Bond No. 18-20-93 pursuant to California Government Code Section No. 66499.7(b); and 3. Accept the Maintenance Bond No. 18-20-92; the security furnished for guarantee and warranty improvements, and instruct the City Clerk to file the bond with the City Treasurer; and 4. Instruct the City Clerk to notify the Developer, Shea Vickers Residential, LLC, of this action, and the City Treasurer to notify the surety, American Home Assurance Company, of this action; and 5. Instruct the City Clerk to record the Notice of Acceptance of Public Improvements (attached) with the Orange County Recorder. Submitted by the Director of Public Works [Approved 6-0-1 (Julien absent)] E-5. (City Council) Approve the Release of Securities for Tract No. 15086 and Accept the Public Improvements—Shea Vickers Residential, LLC—s/o Garfield Avenue— w/o Goldenwest Street—(Holly-Seacliff Specific Plan) (420.60) — 1. Accept the improvements constructed and dedicated for public use with Tract No. 15086; and 2. Release the Faithful Performance/Labor and Material No. 18-20-94 and Monument Bond No. 18-20-95 pursuant to California Government Code Section No. 66499.7(b); and 3. Accept Maintenance Bond No. 18-20-94; 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, Shea Vickers Residential, LLC, of this action, and the City Treasurer to notify the Surety, American Home Assurance Company, of this action; and 5. Instruct the City Clerk to record the Notice of Acceptance of Public Improvements (attached) with the Orange County Recorder. Submitted by the Director of Public Works [Approved 6-0-1 (Julien absent)] E-6. (City Council) Approve the Professional Services Contract with Psomas & Associates. Inc. to Provide Consultation for Water&Wastewater Issues for the Bolsa Chica Annexation —Approve Modifications to Insurance Requirements (600.10) — 1. Approve the Professional Services Contract Between the City of Huntington Beach and Psomas &Associates, Inc., to Provide Consulting Services on Water and Wastewater Issues for the Bo/sa Chica Annexation and 2. Approve modifications to insurance requirements as recommended by the Settlement Committee. Submitted by the Director of Public Works Funding Source: Water Fund - $35,000. [Approved 6-0-1 (Julien absent)] i `I ATTACHMENT 1 I , • 11 vY1SN1N3d ----- - rlw 001/1 'ON 17YN1 3411Y1N31 • -• p.•+.ww pR.4 NO! pp...p..w S'l1Y1911SS S 3Stlf o3 1109 1J117175 . N R N to Y � n p.1�u,�\t•.,n� u.� _u n �ypQC)N r 1I/Q1 n n� v.�%,jf� �v 1... '•.0 n/ RI a' f r •�.0.1 u'•''11��} I n i./ i;1.. 1 ltli p Il.��•1 it. / �'F� • ice VNp' 1. 3SWI03 1109 R I �n r1 R�^1^, 1' 3suno3 jim !!nails •r.l 1 I C� \„'a. !ln7V3s it Rrt '��`I M� rl• `I (r��eee•,RR iN%. , 'M.. :..•.1�.'.a�:�l'��"O1.rc \11 aNNN{{{...111��_II�-ny�N '.1 I Y•1 a 1• ,'•..1 N.`�. \'I�Mtr^,. 14 5 / ILA ► 1 Rr',�I �R'' I,"u. ,.. B �,1. �g ( rlulR iN lululo�u •rn a •„� n� , Ja'paj, R lY¢7] � .[.:.l..l ✓!/I^ n 1./�[� Rio,'• �1/�r•1/' '.,. Rti • _._. 3 n�Q17[19P.. .._ I I t ATTACHMENT 2 AIU Insurance Company A04M Worldwide American Home Assurance Company Bonding Granite State Insurance Company American International Companies The Insurance Company of the State of Pennsylvania National Union Fire Insurance Company of Pittsburgh.Pa. Principal Bond Office New Hampshire Insurance Company 70 Pine Street, New York, N.Y. 10270 MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS: That Shea Vickers Residential, LLC as Principal,and American Home Assurance Company as Surety,are held and firmly bound unto_ City of Huntington Beach ,as Obligee, ih the full and just sum of Ten thousand four hundred thirty eight and no/100----- Dollars (S 10,438.00 1,for the payment of which sum,well and truly to be made,the Principal and Surety bind themselves,their heirs,executors,administrators,successors and assigns,jointly and severally,firmly by these presents. WHEREAS,The Principal has entered into a writtenxxte�a ect March 1997 with the Obligee for Public improvements, Tract 15086 and WHEREAS,said contract provides that the Principal will furnish a bond conditioned to guarantee for the period of one Year after approval of the final estimate on said job,by the owner,against all defects in workmanship and materials which may become apparent during said period. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal 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 aforesaid period,then this obligation shall be void;otherwise to remain in full force and effect. SHEA VICKERS RESIDENTIAL, LLC, a Delaware Signed,sea;ed and dated December 9. 1998 limited liability company By: SHEA HOMES LIMITED PARTNERSHIP, a Californ: limited partnership By: J. F. SHEA CO. , INC. , a Nevada �ccoor�poratiptifi;iolts general parfiTlyi (Witness) � i% "" [ :ilh '`J.'(j`T, 11i e By Dap: <<y Ciiy At rneY, AMERICAN HOME ASSURANCE COMPANY _ (Surety) Bond No. 18-20-94 By / 2- Z J Premium included in Patricia H. Brebner Attorney-In-Fact performance bond 295e6 CALIFORNIA ALL-PURPOSE NOWLEDGMENT No.5907 State Of calif oxnia County of Orange On Decembez 9, 1998 before me, Jexi Apodaca, Notaxy Public DATE NAME,TITLE OF OFFICER-E.G.."JANE DOE.NOTARY PUBLIC" personally appeared Patricia H. Bxebner , NAME(S)OF SIGNER(S) 0 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 JERI APODACA behalf of which the person(s) acted, executed the instrument. .. • Comm.#1193808 •tY► g NOTARY PUBLIC•CALIFORNIA ti oran;e County ,, WITNESS my hand and official seal. tfry Co.:e. E;.ci,e,A g.11,2 (ACSW SI NATURE OF NOTA Y OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL 0 ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES ❑ OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE WC-4067/EP 7/94 ©1993 NATIONAL NOTARY ASSOCIATION 0 8236 Remmet Ave.. P.O. Box 7184 0 Canoga Park,CA 91309-7184 _merican Home Assurance Coney r POWER OF ATTORNEY National Union Fire Insurance Company of Pittsburgh, Pa. Principal Bond Office: 175 Water Street,New York,N.Y. 10038 No.05-B-34295 KNOW ALL MEN BY THESE PRESENTS: That American Home Assurance Company, a New York corporation, and National Union Fire Insurance Company of Pittsburgh, Pa., a Pennsylvania corporation,does each hereby appoint ---Mike Parizino,James W.Moilanen,Robert M.Minot,Janina Monroe,Sheila K.McDonald,Jeri Apodaca,Patricia H.Brebner, Linda Enright: of Santa Ana,California--- its true and lawful Attomey(s)-in-Fact,with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof,issued in the course of its business,and to bind the respective company thereby. IN WITNESS WHEREOF,American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh,Pa.have each executed these presents JWe this 28th day of Jam, 1998. �l� .�� Owl), L ence W.Carlstrom,Senior Vice President g National Union Fire Insurance Company of Pittsburgh,PA. Vice President,American Home Assurance Company STATE OF NEW YORK } COUNTY OF NEW YORK }ss. On this 28th day of Jam, 1998 before me came the above named officer of American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa., to me personally DEBWM a NAYVAN known to be the individual and officer described herein, and 'Piilr+k acknowledged that he executed the foregoing instrument and affixed 1t.01W 1428 the seals of said corporations thereto by authority of his office. QNOW to CM*, 0WdnfidM E11 W.lute 30, CERTIFICATE Excerpts of Resolutions adopted by the Boards of Directors of American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh,Pa.on May 18, 1976: "RESOLVED,that the Chairman of the Board,the President,or any Vice President be,and hereby is,authorized to appoint Attorneys-in-Fact to represent and act for and on behalf of the Company to execute bonds,undertakings,recognizances and other contracts of indemnity and writings obligatory in the nature thereof,and to attach thereto the corporate seal of the Company,in the transaction of its surety business; "RESOLVED, that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed with respect to any bond,undertaking,recognizance or other contract of indemnity or writing obligatory in the nature thereof; "RESOLVED, that any such Attorney-in-Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert in such certification the date thereof,said date to be not later than the date of delivery thereof by such Attorney-in-Fact." 1,Elizabeth M.Tuck,Secretary of American Home Assurance Company and of National Union Fire Insurance Company of Pittsburgh,Pa.do hereby certify that the foregoing excerpts of Resolutions adopted by the Boards of Directors of these corporations,and the Powers of Attorney issued pursuant thereto,are true and correct,and that both the Resolutions and the Powers of Attorney are in full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of each corporation this 9th day of December 199$• � lizabeth M.Tuck,Secretary 65166(4/96) ATTACHMENT 3 CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK October 22, 1999 Gary L. Granville, County Clerk-Recorder P. O. Box 238 Santa Ana, CA 92702 Enclosed please find "Acceptance of Public Improvements" for Tract 15086. Please record the acceptance and return to the City of Huntington Beach, Office of the City Clerk, 2000 Main Street, Huntington Beach, CA 92648. Please return the conformed copy of the acceptance when recorded and return to this office in the enclosed self-addressed stamped envelope. Connie Brockway, CIVIC City Clerk Enclosures g:\followup\deedltr: G:\followup\deedltr (Telephone:714-536-5227) Recording requested by, i Recorded in the County of Orange, California and when recorded return to: Gary L. Granville, Clerk/Recorder Connie Brockway,City Clerk 11111lJjlJ11111111111111111111 Jill 1111 No Fee I Office of the City Clerk 005 ,2064559 12 9990860325 2.04pm 2/20/99 CITY OF HUNTINGTON BEACH A0 1 6.00 0.00 0.00 0.00 0.00 0.00 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 Zoning and Subdivision Ordinance Section 255.22) PLEASE TAKE NOTICE THAT on September 22, 1999, the City'Engineer considered the subdivision improvements described below, and found them to have been completed /< satisfactory and accepted, as limited by Huntington Beach Zoning and Subdivision Ordinance 1p Section 255.22(A), the improvements for public use. 11 Further, the public improvements for the subdivision(s) have been dedicated to the City of Huntington Beach, as described on Final Map No. 15086. Nf Public improvements constructed consist of all the domestic water system and appurtenances within the private streets as defined and conditioned by the City on Tentative Map 14700. The Foregoing Instrument is the City Clerk' s Original Documenj Reflecting City Council Action Taken Atfj ity Council Meeting Submitted for Recordation by the Orange Countv Recorder;- Atti�_sIt, 19 951 . CITY OF H TINGT EACH ^QNN1E=BROCKWAY and Ex-offisio Clerk of - t,h.1.e�C,City" b';tnci' -of the C�-ty of Huntington �e.�;kz,, . by: Deputy City Engineer �By e,\ o Deputy - flo"by: City Attorney q 36219 ` Th;s document is solely for'the Tax-Exempt-Government AgenoY o'Eflc,�? Fit.s ners0 t, s O;k� CITY OF Q'HI1�M lbsIGTOM BEACH cc; ity Una cv. Sec. C B 03 an.d shoUia..be recorded B s free of charge. nciputy City Clerk RCA. NOUTINGSTIEET INITIATING DEPARTMENT: Public Works SUBJECT: Approve the Release of Securities for Tract No. 15086 and Accept the Public Improvements COUNCIL MEETING DATE: October 18, 1999 RCA ATTACHMENTS., STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Attached Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable , EXPLANATION..FOR MISSING ATTACHMENTS �REVLEWED RETURNED .FORWARDED. Administrative Staff jo Assistant City Administrator (Initial) ( ) ( 7nS ) City Administrator (Initial) City Clerk ( ) EXPLANATION`FOR RETURN :OF. ITEM Only)(Below Space For City Clerk's Use RCA Author: Bruce Crosby - - - =--==-- -- = = - -= -------- --=-- - --- - ----------- --- i v ot Hunti-ngton Beach -P_O BOX_7_l l-----------------------------.--- -CALIFORNIA 92648 -- * TELEPHONE 714 536.5200 FAx 714 374.1603 _ - ---- - - - -- -- - - -- --- SHARI L.FREIDENRICH .. . CITY TREASURER VIA FACSIMILE AND VIA CERTIFIED U.S. MAIL --- .May 7, 1998 ------j----- - - -- ------- ---- -------- --- -- - -- - ------- American Motorists Insurance Company - - 777 San Marin Drive Novato, CA 94998 ' Re: Tract Nos.-15082, 15083,15084, and 15086; -PLC - Gentlemen: This is to inform you that the City Council of the City of Huntington Beach, on August 4, . • 1997, approved to release the following bonds: Tract No. 15082 Faithful Performance Bond, Bond No. 3SM 887 422 00 Labor and Material Bond,Bond No. 3SM 887 422 00 Monument Bond,Bond No. 3SM 887 42100 Tract No. 15083 Faithful Performance Bond,Bond No. 3SM 887 420 00 Labor and Material Bond,Bond No. 3SM 887 420 00 Monument Bond, Bond No. 3SM 887 419 00 _ - - Tract No. 15084 Faithful Performance Bond, Bond No. 3SM 887 418 00 . Labor and Material Bond,Bond No. 3SM 887 418 00 Monument Bond,Bond No. 3SM 887 417 00 Tract No. 15086 -- ----- -- ------ ---- -------- - -- ---- Faithful Performance Bond,Bond No.3SM 887 416 00 Labor and Material Bond, Bond No. 3SM 887 416 00 _ 3 M Monument Bond, Borid No: 7 504 00 =_-- - ---- -- -- - - - - American Motorists Insurance Company -- _- -------—-------- - ---_. --- ------ -.May 6, 1998 • Page two We are releasing the original bonds and have enclosed them for you. Also enclosed_ is a. _.___..copy_of Huntington Beach City.Council Action approving release of these bonds. If you have any questions,please call me at 714 536-5200. Sincerely yours, Shari L. Freidenrich SLF:lb Enclosures xc: Bill Holman,PLC Land Co. 23 Corporate Plaza, Suite 250 • Newport Beach, CA 92660 (no attachments) Daryl Smith,Acting Director of Public Works (no attachments) Connie Brockway,'.City Clerk(no attachments) Pat Lovelace, Sr. Deputy City Treasurer(no attachments) (12) 08/04/97 - Council/�ncy Agenda - Page 12 E-11. (City Council) Substitution Of Bonds (American Home Assurance Company) &. Subdivision Agreements Shea Vickers Residential (Purchased From PLC Land Company) - Tract Nos. 15082, 15083, 15084 & 15086 - (Holly Seacliff Specific Plan) 1. Release PLC Land Company's Subdivision Agreement and Bond Nos. 3SM88742200/ 3SM88742100 (Tract No. 15082), the securities furnished for Faithful Performance, Labor& Material, and Monuments respectively, authorize execution by the Mayor and City Clerk, and file the Bonds with the City Treasurer; 2. release PLC Land Company's Subdivision Agreement and Bond Nos. 3SM88742000/3SM88741900 (Tract No. 15083), the securities furnished for Faithful Performance, Labor& Material, and Monuments respectively, authorize execution by the Mayor and City Clerk, and file the Bonds with the City Treasurer; 3. release PLC Land Company's Subdivision Agreement and Bond Nos. 3SM88741800/3SM88741700 Tract No. 16084), the securities furnished for Faithful Performance, Labor& Material, and Monuments respectively, authorize execution by the Mayor and City Clerk; and file the Bonds with the City Treasurer; 4. release PLC Land Company's Subdivision Agreement and Bond Nos. 3SM88741600, 3SM88750400 (Tract No. 15086), the securities furnished for Faithful Performance, Labor& Material, and Monuments respectively, authorize execution by the Mayor and City Clerk, and file the Bonds with the City Treasurer; 5. accept Shea Vickers Residential, LLC Subdivision Agreement and Bond Nos. 17-99-18/17-99-19(Tract No. 15082), the securities furnished for Faithful Performance, Labor& Material, and Monuments respectively, and authorize execution by the Mayor and City Clerk, and file the Bonds with the City Treasurer; 6. accept Shea Vickers Residential, LLC Subdivision Agreement and Bond Nos. 17-99-20/18- 20-91 (Tract No. 15083), the securities furnished for Faithful Performance, Labor& Material, and Monuments respectively, authorize execution by the Mayor and City Clerk, and file the Bonds with the City Treasurer; 7. accept Shea Vickers Residential, LLC Subdivision Agreement and Bond Nos. 18-20-92, 18-20-93 (Tract No. 15084), the securities furnished for Faithful Performance, Labor& Material, and Monuments respectively, authorize execution by the Mayor and City Clerk, and file the Bonds with the City Treasurer; 8. accept Shea Vickers Residential, LLC Subdivision Agreement and Bond Nos. 18-20-94, 18-20-95 (Tract No. 15086), the securities furnished for Faithful Performance, Labor& Material, and Monuments respectively, and authorize execution by the Mayor and City Clerk, and file the Bonds with the City Treasurer; and 9. instruct the City Clerk to notify the previous developer, PLC Land Company of this action and the City Treasurer to notify the bonding company of this action. Submitted by the Public Works Director [Approved 7-0] E-12. (City Council) Resolution No. 97-55 - 1997 Weed Abatement Costs (520.80) -Adopt Resolution No. 97-55 - "A Resolution of the City Council of the City Council of the City of Huntington Beach Confirming Reports of Cost for Weed Abatement on Lots Within the City-1997 Season."and direct that all charges listed thereon be certified to the county 1997-98 tax roll. Prepared by the Public Works Director [Adopted 7-0] E-13. (City Council) Resolution No. 97-56 -Adopting 1997-98 Tax Rate - ($.04930 Per $100 Assessed Valuation) (340.90) - 'A Resolution of the City Council of the City of Huntington Beach Fixing the Fiscal Year 1997198 Tax Rate." ($.04930 per $100 assessed valuation). Prepared by the Deputy City Administrator-Administrative Services Director [Adopted 7-0] (12) CITY OF HUNTINGTON BEACH ' 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CRY CLERK r I CITY CLERK LETTER OF TRANSMITTAL REGARDING ITEM APPROVED BY THE CITY COUNCIL/REDEVELOPMENT AGENCY APPROVED ITEM DATE: 97 TO: ,(, ATTENTION: Name DEPARTMENT: Str REGARDING�yi�. .� C' ,stve,Zip See Attached Action Agenda Item Date of Approval Enclosed For Your Records Is An Executed Copy Of The Above Referenced Item For Your Records. "" Connie Brockway City Clerk Attachments: Action Agenda P e ►/ Agreement Bonds Insurance RCA Deed Other Remarks: CC: I N Department RCA Agreement Insurance Othe p Dep rtment RCA Ageement Insurance Other Name Department RCA Agreement Insurance Other Risk Management Department Insurance Copy G:Follo%%-up'agmts transltr (Telephone: 714-536-5227) • CITY OF HUNTING'T'ON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CRY CLERK r CITY CLERK LETTER OF TRANSMITTAL REGARDING ITEM APPROVED BY THE CITY COUNCIUREDEVELOPMENT AGENCY APPROVED ITEM DATE: t TO: ATTENTION: 'ame DEPARTMENT: S ee REGARDINO-,� City,State,Zip See Attached Action Agenda Item Date of Approval cl 7 Enclosed For Your.Records Is An Executed Copy Of The Above Referenced Item For Your Records. Connie Brockway City Clerk Attachments: Action Agenda Page Agreement ✓ Bonds ✓ Insurance RCA Deed Other Remarks: CC: VX Nam Depar� RCA / Agreemen Insurance Other ✓/ N De en RC / Agreeme Insurancti Other ✓/ v/ Name Department RCA Agreement Insurance Other Risk Management Department Insurance Copy G:Fo6%%-up.'agrmts transltr (Telephone:714-536-5227) 1j)-7 qyy OF I .. N BEAC MEETING DATE: August 4, 1997 DEPARTMENT ID NUMBER: PW 97-044 Council/Agency Meeting Held: X A19 Deferred/Continued to: (/Approved ❑ Conditionally Approved ❑ Denied City Cler s Signature -o Council Meeting Date: August 4, 1997 Department ID Number: PW 97-044 CITY OF HUNTINGTON BEACH REQUEST FOR ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrator L� _ PREPARED BY: M.-JONES-II, Director of Public Works SUBJECT: Tract Nos. 15082, 15083, 15084 and 15086 Substitution of Bonds and Subdivision Agreement [statement of Issue,Funding Source,Recommended Action,Alternative Action(s),= is,Environmental Status,Attachments) Statement of Issue: Shea Vickers Residential, LLC has purchased Tract Nos. 15082, 15083, 15084 and 15086 from PLC Land Co. and is requesting that their Bonds and Subdivision Agreements be substituted in place of PLC Land CO's. Bonds and Subdivision Agreements. Fundinq Source: Not applicable Recommended Action: Motion to: 1. Release PLC Land CO's Subdivision Agreement and Bond Nos. 3SM88742200, 3SM88742100 (Tract No. 15082), the securities furnished for Faithful Performance/Labor &Material and Monuments respectively; and, 2. Release PLC Land CO's Subdivision Agreement and Bond Nos. 3SM88742000, 3SM88741900 (Tract No. 15083),` the securities furnished for Faithful Performance/Labor & Material and Monuments respectively; and, 3. Release PLC Land CO's Subdivision Agreement and Bond Nos. 3SM88741800, 3SM88741700 (Tract No. 15084), the securities furnished for Faithful Performance/Labor & Material and Monuments respectively; and, E � � � 0025748.01 -2- 07/10/97 9:48 AM • REQUEST FOR ACTION • MEETING DATE: August 4, 1997 DEPARTMENT ID NUMBER: PW 97-044 4. Release PLC Land CO's Subdivision Agreement and Bond Nos. 3SM88741600, 3SM88750400 (Tract No. 15086), the securities furnished for Faithful Performance/Labor & Material and Monuments respectively; and, 5. Accept Shea Vickers Residential, LLC Subdivision Agreement and Bond Nos. 17- 99-18, 17-99-19 (Tract No. 15082), the securities furnished for Faithful Performance/Labor & Material and Monuments respectively, and instruct the City Clerk to execute the Subdivision Agreement and file the Bonds with the City Treasurer; and, 6. Accept Shea Vickers Residential, LLC Subdivision Agreement and Bond Nos. 17- 99-20, 18-20-91 (Tract No. 15083), the securities furnished for Faithful Performance/Labor & Material and Monuments respectively, and instruct the City Clerk to execute the Subdivision Agreement and file the Bonds with the City Treasurer; and, 7. Accept Shea Vickers Residential, LLC Subdivision Agreement and Bond Nos. 18- 20-92, 18-20-93 (Tract No. 15084), the securities furnished for Faithful Performance/Labor & Material and Monuments respectively, and instruct the City Clerk to execute the Subdivision Agreement and file the Bonds with. the City Treasurer; and, 8. Accept Shea Vickers Residential, LLC Subdivision Agreement and Bond Nos. 18- 20-94, 18-20-95 (Tract No. 15086), the securities furnished for Faithful Performance/Labor & Material and Monuments respectively, and instruct the City Clerk to execute the Subdivision Agreement and file the Bonds with the City Treasurer; and, 9. Instruct the City Clerk to notify the previous developer, PLC Land Co. of this action, and the City Treasurer to notify the bonding company of this action. Alternative Action(s): Deny the recommended action. Analysis: On July 1, 1996, the City Council approved Final Map Nos. 15082, 15083, 15084 and 15086 and accepted Bonds from PLC Land Co., the securities furnished for Faithful Performance/Labor & Material and Monuments. Subsequent to this, Shea Vickers Residential, LLC purchased Tract Nos. 15082, 15083, 15084 and 15086 and has requested that the City exonerate the original Bonds posted by PLC Land Co. and substitute their Bonds. Following is a list of project data: Subdivider: Shea Vickers Residential, LLC, 655 Brea Canyon Rd., Walnut, Ca. 91788 Engineer: Walden & Assoc., 18012 Cowan, Ste. 210, Irvine, Ca. 92714 Title Co.: First American Title Co., 114 E. 5th St., Santa Ana, Ca. 92702 Zone: Holly-Seacliff Specific Plan 0025748.01 -3- 07/10/97 9:48 AM • REQUEST FOR ACTION • MEETING DATE: August 4, 1997 .DEPARTMENT ID NUMBER: PW 97-044 Environmental Status: This recommended action is a ministerial act, and is exempt from the requirements of the California Environmental Quality Act, pursuant to State CEQA Guidelines, Cal. Admin. Code, Title 14, Chapter 3, Section 15268 (b). Attachment(s): City Clerk's Page Number 1 Location Map 2 Faithful Performance/Labor & Material Bond Nos. 17-99-18 17-99- 20, 18-20-92 and 18-20-94 9-ue C 3 Mo�nu ent Bond N99-19 18-20-91, 18-20-93 and 18-20-95 4 Sub ivision Ag ements for ract Nos. 15082, 15083, 15084 and 15086 RCA Author: B. Crosby, phone extension 5247 0025748.01 4- 07/10/97 9:48-AM ATTACHMENT # 1 a ,!D • �r'+:�a,ns ;y ,,!', 4k../;/r,��.. , ., ..nr1,aw[ D ��!(� 1. •./ .Din/r 1 n YMMII Cr.R1 n� l . Sri� -`•'•I. so- its r'%r%f .r �� ' D� '•�.�;�IT ';icy'•. . -» SEACLIFF �b IFF COL COURSE !1 �D�+ I•C;latr °,� 1.!^ GOLF'COURSE Nu V" A IN, f I T\Is\x. ' D . /I SEACLIFF GOLF COURSE S b w,J.r ALUt:N 8 PWLSE YAP SSOCIATES "�"" FOR TENTATIVE y ins "�i:..i +M..r' n.�...• TENTATIVE TRACT NO. 14700 PENINSLLA 11 1 Y ATTACHMENT # 2... ATTA CH ..........M....................................................................:.................................... ENT # 3 • • BOND NO. 17-99-20 PREMIUM $140.00 FAITHFUL PERFORMANCE BOND ` WHEREAS,the City Council of the City of Huntington Beach,State of California,and Shea Vickers Residential , LLC (hereinafter designated as'principal')have entered into an agreement whereby principal agrees to install and complete designated public improvements,which said agreement,dated 19 ,and identified as project 15083 J is hereby referred to and made a part hereof;and WHEREAS,said principal is required under the terms of said agreement to fumish a bond for the faithful performance of said agreement Now,therefor,we,the principal and American Home Assurance Company as surety,are held and firmly bound unto the City of Huntington Beach,hereinafter called'City',the penal sumof Twerity eight thousand seventy and no/100------ dollars($ 28,070.UU 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,firrrty 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 covenant,condition 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. 1 The surety hereby stipulates and agrees that no charge,extension of time,alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond,and it does hereby waive notice of any change,extension of time,alteration or addition to the terms of the agreement or to the work or to the specifications. In witness whereof,this instrument has been duly executed by the principal and surety above named,on March 17 .19 97 SHEA VICKERS RESIDENTIAL, LLC, a Delaware limited liability company By: SHEA HOMES LIMITED PARTNERSHIP, a California limited partnership, its Member By: J. F. SHEA CO., INC. , a Nevada corporation it, general partner as Principal By 1 AME A I•I ASSURANCE C014PANY as Surety Patricia H.�Brebner By Attorney-in-Fact D1:, J • 2 • ,Americ��n Home Assurance Company POWER OF ATTORNEY National Union Fire Insurance Company of Pittsburgh, Pa. Principal Bond Office: 70 Pine Street, New York, N.Y. 10270 No.05-B-51308 KNOW ALL MEN BY THESE PRESENTS: That American Home Assurance Company, a New York corporation, and National Union Fire Insurance Company of Pittsburgh, Pa.,a Pennsylvania corporation, does each hereby appoint --Jana Darnell Meo,Kathfeen Creedon,Timothy Gow,Patricia H. Brebner: of Irvine,California— its true and.-lawful Attorney(s)-in-Fact, with full authority to execute on its behalf bonds, undertakings, recognimnccs and other ,..:contracts of,indemnity and writings obligatory in the nature thereof, issued in the course of its business, and to bind the respective company thereby. iiY.WI31-AMSS WHEREOF,American Koine Assurance Company and National Union Fire Insiir5ncc omoarry of'Pittsbutgh, Pa.' ' have each exwjtcd these presents this"13th day of November 1994. r. 'William D. Smith;'President STALE OF NEW YORIC } COUNTY OF NEW YORK)ss. On this 18th day of November 1994 before me came the above named officer of American Home Assurance Company and National Union Fire Insurance Company of :Gstry a. Pittsburgh; Pa., to me personally known to be the individual �, e1..•�, _7;a and- officer described herein, and acknowledged that he C»,: cou,,ry executed the foregoing instrument and axed the seals of Tcrm Exp;res t_sn. 31, .1.4.f.lo.. said corporations thereto by authority of his office. CERTIFICATE Excerrts of lesaiutions adopted by the Boards of Directors of American Home Assurance Company and National Union Fire Insurance Company. of Pittsburgh,P... on May 18. 1976: "RESf'!'s`!EP,±hat the Chairman of the Board,Lhe Fresident,or any dice President be,and hereby is,author'Zed to appoint Attorneys-in,-Fact to - , represent and act for and on behalf of the Company to execute bons, undertakings, recognizances and other contracts of indemnity and writings vbligatery in the natLire thereof,and to attach .hereto-the corporate seal of the Company,in the transaction of its surety business-, 'MESOLVEE ,that the signatures and attestations of such officers and the seal of the Company may lb:affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall a: valid and binding upon the Company winen so affixed with respect to my bond, undertaking, recognizance or other contract of indemnity or" writing obligatory in the nature,thereof•, "RESOLED,that any such Attorney-in-Fact delivering a secretarial certification that the foregoing resolutions still be in of cct may insert in such ,ec tifrcadan Lhe date thereol.sn;d dstc to be not later than the date of deliver;'the eo,by such:attorney-in-Fact." 1,.E1iza1,cil T! k, Serreta3. of American Home Assivarc ;em�hy and of National Union Fire Lrsirre,rcc,:Cc;rpa:ry of?ittsburgh; Pa. de ncre.by^.citify that the fo cgeing c\ceruis of"Resolutions adopted by the Pck,-xds of Directors of these corporations; and the Po\vers of Attorney ssu C..purruant thereto,axe tnrc and cx—ec!,ar:d that both the Rmlut;on.-z and rdre Powers ofAttorn:.y arc in ful! force anal cf cot. IN WITNESS NESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of ouch corporation this 17th day o f March ;19 97 �`� A Elizabeth M. Tuck, Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 ' State of California County of Orange On March 17, 1997 before me, M. t1ackel prang, Notary Public , i DATE NAME.TITLE OF OFFICER-E.G..'JANE DOE.NOTARY PUBuC i personally appeared Patricia H. Brebner NAME(S)OF SIGNERS) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(.&) whose name(44 is/afe ' subscribed to the within instrument and ac- knowledged to me that #Wshe/tka�t executed the same in his/her/#.&+ authorized capacity(+e&), and, that by #fWher/44e4 I signature(.&) on the instrument ` of the entity upon behalf of which the M.MACKELPRANG person( acted, executed the instrument. Commission#1120831 Notary Public—California Orange County emy Comni.Expires Dec 26,2000 WITNESS my hand and official seal. 211 —W a, .L -tmei ri , SIGNATU E OF NOTb0Y OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. i CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) 11 PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT ) SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE STATE OF CALIFORNIA } } SS. COUNTY OF LOS ANGELES } On March '(9, 1997 before me, Kimberly Sue Lawrence, a Notary Public in and for said state, personally appeared Linda C. Tong and Layne Marceau, personally known to me, to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities and that by their signatures on the instrument the persons or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. Signature J (This area for official notarial seal) MWERLY SUE LAWRENCE C"ryT1198 w i.1108146 .� NotM Puboc—ColforNa Lca Ameles Cou* nM C TM EA*es Aug v,20M PoRrow THIS CERTIFICATE Title or Type of Document: Faithful Performance Bond, Shea Vicker Residential,LLC. Tract 15083, Bond#17-99-20 Number of Pages: 3 Date of Document March 17, 1997 J • 80ND N0. 17-99-20 PREMIUM Included in charge for performance bond LABOR AND MATERIAL BOND WHEREAS,the City Council of the City of Huntington Beach,State of Ci lifornia,and Shea Vickers Residential , LLC (hereinafter designated as"Principal')have entered into an agreement whereby principal agrees to install and complete designated pubic improvements,which said agreemeq dated _ 19__ _and identified as project- 15083 ,is hereby referred to and made a part hereof,and WI IEREAS,under the terms of said agreement,principal Is required before entering upon the perfunnance of the work,to file a good and sufficient payment bond with the City of Huntington Beach to secure the claans 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,subcordractors,laborers,materialmen and other persons err*yed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedures In the sum of Fourteen thousand thirty five and no/100 dollars($_ 14,035.00 ),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 bythe court,and io be tweed as costs and to be included in the judgment therein n:ndered. It is hereby expressly stipulated and agreed that this bond shall Insure to the benefit of any and ail persons,companies and corporations entitled l o 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 U force and effect. The surety hereby stipulates and agrees that no change,extension of time,alteration or addition to the terms of said agreement or the specifications accompanying the same shall In any manner 1 R090 affect ifb obfi�uV On ibi;i u01i4,i:i�d ii duus heraby viWw notice of any such change,extension,attmbon or addition. In witness whereof,this Instrument has been fully executed by the principal and surety above named,on March 17 19 97 SHEA VICKERS RESIDENTIAL, LLC. , a Delaware limited liability companv By:SHEA HOMES LIMITED P SHIP,a California limited partnership,icti �er By: J.F. SHEA CO., IN a da co Sporation its general partner Vice President_ --Ass•.,tint Secretary AI•IERICAI.1 it HE ASSURA14CE CUI•IPANY as Surety By_ Patricia li. Brebner, Attorne_yin-Fact ppp�pV;p hS_40 FOR:•" BY:. p ,nierican Home Assurance Company POWER OF ATTORNEY l National Union Fire Insurance Company of Pittsburgh, Pa. Principal Bond Office: 70 Pine Strect, New York, N.Y. 10270 No.05-B-51308 KNOW ALL MEN BY THESE PRESENTS: That American Home Assurance Company, a New York corporation, and National Union Fire Insurance Company of Pittsburgh, Pa.,a Pennsylvania corporation, docs,eaach hereby appoint —Jana Darnell Meo,Kathleen Creedon,Timothy.Go v,Patricia If.•Brcbner: of Irvine,California— its true and lawful Attorncy(s)-in=F act, with full authority to execute on its behalf bonds, undertakings; recognizanccs and other contracts of indGmnity,and writings obligatory in-the nature thereof, issued in the course of its business, and to bind the respective. company thereby. 'aN WITNESS-WHEREOF,Aincrcan Home Assurance•Conipary and Nabonal Uniou Fire; lnsiri-afit Oofipatiy'"ef'Pittsbtirgh; Pa.`-' rave each executed these presents t :his l8th' day e-f NoVcn -R;; i994. # ` 1/illiam D.Smith;TPresidcnt ns STATE OF NEW YORK j COUNTY OF NEW YORK)ss. ' On this l 8th day of November 199-i, before me came the 'above named officer of American Home Assurance r r .,,.EPH 3 Company and National Union Fire ire Insurance Company o .f N t.�r,• Y wk Pittsburgh, Pa., to me personally known.to be the individual o�..;•�.� ;,r and officer described herein, and acknowledged that he C,- ,.. r c;.)uMy executed the foregoing instrument and affixed the seals of Tvrm EAp;.es T.n. 31, .(.�.J.fo.. said corporations thereto by authority of his office. r rR'FTFIC.A TE Excerpts.:tf Rcsolutio:ts adopied by the Boards of Directors of Arnercan Home Assurance Company and National Union Fire Insurance Company of Pittsburgh,Pa.on Mlay I8, 1976: "F. COLVEI !fat t'rc Chairman of the►,-ar•d, the President,or.eny Vice 11 esiIm,cm, and hereby i.s;:iudhorszedito`aotOirit'Attbrneys-in-Fact to represent.and.act for and on bclurlf of the Company to execute bonds, undertakings, recognizance.- and other contracts of indemnity and writings t. obligatory in tie nature thereof,and to.attach thereto the corporate se-al.of'he:Compsry,-n the tr-,rnsaction of its swc'y business; .:1RF_S0LV`ED,that:the signatures and atteswtions of such officds Arid the seai of the.Company trey be affixed to airy such�Po%ver of Attomcy or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall •:valid.and 'binding upon "he Ccmpary w�fien so afrxed•with respect to any bond, undertaking, recognizance or other contract of indtninity or w;itin,obligatory in she n ativ-e ihetcvf; ."RESOLVED,that any.such Attoriieyin-Fact delivering a secretarial certification that Lie foregoing resolutiohs still bo in enect may insert in such a;C titication Lire date thereat said datc•to be nit later than the date.of.de'ivc;r }i: :af by such Attorney-in-Fact:" I,,Flizsh%th 'd, ;u r. e-- any or�,rnericatl ;iomP tissi arec Comp:urn ar:d cf*+at onai.rJniori Firr .T_•tsurancc Comrai�y o_fTittsburlh,'f'a. tlo . .lien:by;certi.fy !Iiat•.rhe toregoing excerps of P.ccolutions.adopted by.the B(xirds of Dirtxtn:s of-these co:poraticiasan&Lic Pdwcrs of h!torncg ' .. ., r3Sl:C) ;y11TS..2ili Lc:Creio, t;L'C afid,.•�.�.. •aria Lhat:),-ll file Res.--kitioas mid tlic:P^w--e;s of.Axamney 1L�r_,irr full for(':?.Ili]`i)ffCft.: . iN WITI`ESS WhirFIZE01 ,I have hereunto set my hand and atTxed the facsiniil,.seal of each coiWritioir ' this 17th dayof March , 19 97. v ' R.'� •,�� Elizabeth M. Tuck, Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.59o7 State of California County of Orange l On March 17 1997 before me, Rhonda C. Abel , Notary Public ` DATE NAME.TITLE OF OFFICER-E.G.,'JANE DOE.NOTARY PUBLIC' personally appeared Patricia H. Brebner NAME(S)OF SIGNER(S) .1 ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the personW whose name(} is/,afs subscribed to the within instrument and ac- knowledged to me that 4;e/she/4l;4&y. executed the same in 44s/her/4#4a+.( authorized capacity(+"), and that by 4i&/her/44e4 signature(&) on the instrument , -e-r the entity upon behalf of which the personW acted, executed the instrument. WITNESS my hand and official seal. RHONDA C.ABEL COMM.#999644 2 ' I: 2 SIGNATURE OF NOTARY Notary Public—California z ORANGE COUNTY My Comm.Expires AUG 9.1997 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT l 1 SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave..P.O.Box 7184-Canoga Park.CA 91309-7184 ` • • BOND NO. 18-20-92 PREMIUM $104.00 FAITHFUL PERFORMANCE BOND WHEREAS,the City Council of the City of Huntington Beach,State of California,and Shea Vickers Residential, LLC (hereinafter designated as'principal')have entered into an agreement whereby principal agrees to install and complete designated public improvements,which said agreement,dated 19 ,and identified as project 15084 is hereby referred to and made a pan hereof;and WHEREAS,said principal is required under the terms of said agreement to fumish a bond for the faithful performance of said agreement Now,therefor,we,the principal and American Home Assurance Company as surety,are held and firmly bound unto the City of Huntington Beach,hereinafter called'City,the penal sumof Twenty thousand seven hundred twenty three---- dollars($ 20,723.00 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 covenant,condition 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 A 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. l The surety hereby stipulates and agrees that no charge,extension of time,alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond,and it does hereby waive notice of any change,extension of time,alteration or addition to the terms of the agreement or to the work or to the specifications. In witness whereof,this instrument has been duly executed by the principal and surety above named,on March 17 19 97 SHEA VICKERS RESIDENTIAL, LLC, a Delaware limited liability company By: SHEA HOMES LIMITED PARTNERSHIP, a California limited partnership, its Member By: J. F. SHEA CO., INC., a Nevada corporation its gf-nPral partner as Principal AMERICAN HOME ASSURANCES COMPANY as Surety By— Patricia H. Brebner By Attorney-in-Fact 4tip AS YO FORK` �orneY. PRO AL Iyy; Doi) 2 American Home Assurance Cam any POWER OF;ATTOMNEY National Union Fire Insurance Company of Pittsburgh, Pa. Principal Bond Office: 70 Pine Street,New York, N.Y. 10270 No.05-B-51308 KNOW ALL MEN BY THESE PRESENTS: That American Home Assurance.Company, a New York corporation, and National Union Fire Insurance Company of Pittsburgh, Pa.,a Pennsylvania corporation,does each hereby appoint —Nana Darnell Nleo,Kathleen Crecdon,Timothy Gow,Patricia 11. Brebner: of Irvine,California— its true and lawful Attorney(s)-in-Fact;with full authority to execute.oft its behalf bonds, undertakings; recogitizances and other contracts of indemnity and NN•ritings obligatory in the.nature-thereof, issued in the.course of its business; and to bind the respective company thereby. IN WITNESS WHYREOF,American:Home;Assura.-it Oompady;and Natidnal•Union Fird Tiitbtdriec Coriipariy bt Pittsburgh,•tid. have each executed these presents thig 18thday of N embgr 1994. n� �,� +a►F tlliam D. Smith;'President STATE OF NEW YORIt } COUNTY OF NEW YORK}ss. On this 18th day of November 199.4 before me came 1 the above named officer of American Home Assurance Company and National Union Fire_lnsurance Company of v ". ; B. Pittsburgh, Pa., to me personally knoAm-to be the individual N°� It-!. r.rk g , Pe Y tip. ct �:•�:��_.:a and officer described herein, and acknowledged that he s',:,. cou°,ty executed the foregoing instrument and affixed the seals of Term.EAPIres �•,�. 3t, .(.�_j.lo. said corporations thereto by authority of his office. CERTIFICATE Excerpts of Resolutions adopted by the Boards of Directors.of American-Home Assurance Company and National'Union Fire Insurance Company. of Pittsburgh,Pa. on May 18, 1976: "RESOLVED,that the Chairman of the Boa-M,.the President;or;any:Vicc President be;.Mid.hereby is;.auihoiized to appoint Attd:ncys-in-Fact to represent and act for and on behalf of the Company to execilte bonds;undertakings,-rccognizances and other contracts of indemnity and writings obligatory in the nature thereof,and to:attich.thereto the corporateseal_of the:Company,•in.the transaction of its.surety business; "RESOLVED,that the signatures and attestations of such officers and the seal of the.Company maybe altxed•to any such Power of Attorney-or to- any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Compariy.•when:so.affixcd:with respect to..any.borul,.undertaking, recognizance or otbCr corltracf of indemnity or' waiting obligatory in the nature thereof, "RESOLVED,that any such Attorney-in.Fact delivering a secretarial certification that'the foregoing resofutions still be in effect may insert in such certification the date thereof,said date to be:not later than the dateof del ivery:thereof by-such Attorney-in=Fact:" I,:Elizabetb M: Tuck; Secretary of Ameras.Z'Home Assurance Company and.of National•Union Fire lzrqutance Coriijviny of Pittsburgh;-Pa.. do'.' ' hereby:certify that the foregoing excerpt.-;of Resolutions adopted by the=Boards co&Directors of these•c(upotations and t d Pow&s:of Aitorrwy issued pursuant thereto,are true and corrmt-tmd•that both du:Resolutions and the"owers of'Attorney arc in'full ford rind cffcct: IN WITNESS WHEREOF,I have hereunto§et:my hand and.affixed-the facsimile seal of each corporation @*,4 ., this 17th clayo March ; 19.97 Elizabeth M. Tuck, Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 5907 ' State of California County of Orange On March 17, 1997 before me, Ft. tlackelprang, Notary Public ' DATE NAME.TITLE OF OFFICER•E.G.,'JANE DOE.NOTARY PUBLIC' , personally appeared Patricia H. Brebner , NAMEIS)OF SIGNER(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(-&) whose name(.&) is/afe subscribed to the within instrument and' ac- knowledged to me that "she/ths�t executed the same in h4/her/thei authorized capacity(+&&), and that by 44adher/#3e4 signature(&) on the instrument , ' ec the entity upon behalf of which the M.MAC person(4Q acted, executed the instrument. Commissioonn#11208 31 Notary Public—California Orange County WITNESS my hand and official seal. emy Comm.Expires Dec 26,2000 "VVI.::�/3.4<14- e.12ACLrie SIGNATUdE OF NOTARY OPTIONAL The-igh the data below is not required by law, it may prove valuable to petscns relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT mEisl ❑ PARTNER(S) ❑ LIMITED GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES t ❑ TRUSTEE(S) ❑ GUARD IAN/CONSERVATOR OTHER: i DATE OF DOCUMENT SIGNER IS REPRESENTING: , ' NAME OF PERSONIS)OR ENTITYIIES) SIGNER(S)OTHER THAN NAMED ABOVE i t STATE OF CALIFORNIA } } SS. COUNTY OF LOS ANGELES } On March 1,9, 1997 before me, Kimberly Sue Lawrence, a Notary Public in and for said state, personally appeared Linda C. Tong and Layne Marceau, personally known to me, to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities and that by their signatures on the instrument the persons or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. Signature (This area for official notarial seal) Im W&Y SUE IAYMENCE CGmrr*sbn•1108146 -o Nofty IPubia—Canforria Lxx Ano"Cou* My Comm E*Ires Aug 9,2000 THIS CERTIFICATE Title or Type of Document: Faithful Performance Bond, Shea Vicker Residential,LLC. Tract 15084, .Bond#18-20-92 Number of Pages: 3 Date of Document March 17, 1997 BOND NO. is-Zo-92 - PREMIUM I ncl uded in �. charge for performance. bond LABOR AND MATERIAL BOND WHEREAS,the City Council of the Ctty of Huntington Beach,State of California,and Shea Vickers Residential , LLC (hereinafter designated as'Principaly have entered into an agreement whereby principal agrees to install and complete designated public improvements,which said agreement,dated _ 19-_ _and identified as project_15084 ,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 cktims 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,thermfore,said principal and the undersigned as corporate surety,are geld 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 Procedures in the sum of Ten thousand three hundred sixty three and nu/100 dot!arc(?_ 10,"363.00 1,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 fired by the court and In,be taxed as costs and to be included in the judgment therein n:ndered. It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons,companies and corporations entitled to file claims under Title 15(commencing with Section 3087)of Part 4 of Division 3 of the Civil Code,so as to gtve 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,Dien 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 fire,alteration or addition to the terms of said agreement or the specifications accompanying the same shall In any manner i F090 • 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 convenants 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. 7. INSURANCE In addition to the workers compensation insurance and SUBDIVIDER's covenant to indemnify CITY, SUBDIVIDER shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. Said policy shall indemnify SUBDIVIDER, its officers, agents and employees, while acting within the scope of their duties, against any and all claims of arising out of or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of$1,000,000 per occurrence. If coverage is provided under a form which 4 4/s:PCD:Agree:Tr 15083 RLS 97-395 5/30/97 includes a designated general aggregate limit,the aggregate limit must be no less than $1,000,000. Said policy shall name CITY, its officers, and employees as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that SUBDIVIDER's insurance shall be primary. Under no circumstances shall said abovementioned insurance contain a self-insured retention, or a"deductible" or any other similar form of limitation on the required coverage. 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 this Agreement; said certificates shall: 1. provide the name and policy number of each carrier and policy; 2. shall state that the policy is currently in force; 3. shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice of CITY; and 4. shall state as follows: "The above detailed coverage is not subject to any deductible or self-insured retention, or any other form of similar type limitation." 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 the Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said 5 4/s:PCD:Agree:Tr 15083 RLS 97-395 5/30/97 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. 9. ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and provisions of this agreement or in any bond given to secure the performance hereof, each party shall bear its own attorney fees and costs. Balance of page intentionally left blank. 6 4/s:PCD:Agree:Tr 15082 RLS 97-395 6/2/97 IN WITNESS WHEREOF,the parties hereto have executed this agreement the day and year first above written. SHEA VICKERS RESIDENTIAL, LLC, a CITY OF HUNTINGTON BEACH, A Delaware limited liability company municipal corporation of the State of California By: Shea Homes Limited Partnership, Mayor a California limited partnership ATTEST By: J. F. Shea Co., Inc. a Nevada corporation, general partner City Clerk �17 By: APPROVED AS TO FORM: Les Thomas print or type name) ql1_ �Clty Attorney ITS: (circle one l V+0 %.1 Vice President INITIATED AND APPROVED: AND ' e �'C- City Engineer By: Linda C. Tone 1 REVIEWED AND APPROVED: print or type name) ITS: (circle one) iaL City XAdministrator 9ffieer/Asst. Secretary-lea 7 4/s:PCD:Agree:Tr 15083 RLS 97-395 5/30/97 SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND SHEA VICKERS RESIDENTIAL, LLC FOR TRACT NO. 15083 TABLE OF CONTENTS Section Page 1 General Street Construction.......................................................................................2 2 Arterial Highway Improvement.................................................................................2 3 Guarantee...................................................................................................................2 4 Faithful Performance and Security ............................................................................3 5 Indemnification, Defense, Hold Harmless.................................................................3 6 Workers' Compensation Insurance ............................................................................4 7 Insurance....................................................................................................................4 8 Certificates of Insurance; Additional Insured Endorsements ....................................5 9 Attorneys' Fees...........................................................................................................6 4/s:PCD:Tr15086 SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND SHEA VICKERS RESIDENTIAL, LLC FOR TRACT NO. 15084 THIS AGREEMENT is entered into this ry-Itl day of , 1997, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the.State of California, hereinafter referred to as "CITY," and SHEA VICKERS RESIDENTIAL, LLC, a Delaware limited 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. 15084 and As a condition of the approval of and prior to the recordation of said subdivision map, SUBDIVIDER is required to improve and dedicate the streets and alleys, and to perform certain other improvements in said subdivision; and SUBDIVIDER desires to enter into an agreement with CITY to delay performance of certain of the work; to agree to perform said work as herein provided; and to execute and deliver to CITY bonds for the faithful performance of said agreement, for the payment of all labor and material in connection therewith, and for the guarantee and warranty of the work for a period of one (1) year following completion and acceptance thereof against any defect in work or labor done,or defective materials furnished, as required by Sections 66499 and 66499.3 of the 1 4/s:PCD:Agree:Tr 15 084 RLS 97-395 6/11/97 Government Code of the State of California, and Chapter 225 of CITY'S Zoning and Subdivision 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. 2. ARTERIAL HIGHWAY IMPROVEMENT SUBDIVIDER agrees to complete all arterial highway improvements, including perimeter walls and landscaping required by conditions of the tract map,prior to release or connection of utilities for occupancy for any lot in the Tract. 2 4/s:PCD:Agree:Tr 15084 RLS 97-395 6/11/97 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 Zoning and Subdivision Code, upon execution hereof SUBDIVIDER shall deposit with the City Treasurer the sum of Twenty Thousand Seven Hundred Twenty-three Dollars ($20,723.00) as prescribed by Section 255.16 thereof, which security is given to CITY to insure faithful performance of this Agreement and of all of the conditions of the Tract Map. The deposit may be by corporate surety bond, cash or other approved form of improvement security. All bonds and other forms of deposit shall be approved by the City Attorney prior to their acceptance by CITY. SUBDIVIDER may, during the term of this Agreement, substitute improvement security provided that the substituted security is acceptable to the City Attorney; however, any bond or other security given in satisfaction of this condition shall remain in full force and effect until the work of improvement is finally accepted by CITY and SUBDIVIDER may be required by CITY to provide a substitute security at any time. 5. INDEMNIFICATION, DEFENSE, HOLD HARMLESS SUBDIVIDER hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims,judgments, costs and demands, however caused, including those resulting from death or injury to SUBDIVIDER'S employees and damage to SUBDIVIDER'S property, arising directly or indirectly out of the 3 4/s:PCD:Agree:Tr 15084 RLS 97-395 6/11/97 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 convenants 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. 7. INSURANCE In addition.to the workers compensation.insurance and SUBDIVIDER's covenant to indemnify CITY, SUBDIVIDER shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. Said policy shall indemnify SUBDIVIDER, its officers, agents and employees, while acting within the scope of their duties, against any and all claims of arising out of or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket 4 4/s:PCD:Agree:Tr 15084 RLS 97-395 6/11/97 contractual liability, of$1,000,000 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than $1,000,000. Said policy shall name CITY, its officers, and employees as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that SUBDIVIDER's insurance shall be primary. Under no circumstances shall said abovementioned insurance contain a self-insured retention, or a"deductible"or any other similar form of limitation on the required coverage. 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 this Agreement; said certificates shall: 1. provide the name and policy number of each carrier and policy; 2. shall state that the policy is currently in force; 3. shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice of CITY; and 4. shall state as follows: "The above detailed coverage is not subject to any deductible or self-insured retention, or any other form of similar type limitation." 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 the Agreement. CITY 5 4/s:PCD:Agree:Tr 15084 RLS 97-395 6/11/97 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 off cers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 9. ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and provisions of this agreement or in any bond given to secure the performance hereof, each party shall bear its own attorney.fees and costs. IN WITNESS WHEREOF,the parties hereto have executed this agreement the day and year first above written. 6 4/s:PCD:Agree:Tr 15084 RLS 97-395 6/11/97 SHEA VICKERS RESIDENTIAL, LLC, a CITY OF HUNTINGTON BEACH, A Delaware limited liability company municipal corporation of the State of California By: Shea Homes Limited Partnership, Mayor a California limited partnership ATTEST: By: J. F. Shea Co., Inc. a Nevada corporation, general partner - City Clerk 8 c17 By: APPROVED AS TO FORM: Les Thomas print or type name 9' iCity Attorney a `� ITS: (circle one)Rbe x$ bwft;x #x i1�a3C1'a74y Vice President INITIATED AND APPROVED: AND �Q ` t471� City Engineer y: REVIEWED AND APPROVED: Linda C Tnnq print or type name) ITS: (circle one) scxxac39&kkFdwxck& City Administrator -00=/Asst. Secretary-Rommm 7 4/s:PCD:Agree:Tr 15084 RLS 97-395 6/11/97 • SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND SHEA VICKERS RESIDENTIAL, LLC FOR TRACT NO. 15084 TABLE OF CONTENTS Section Page 1 General Street Construction.......................................................................................2 2 Arterial Highway Improvement.......................................... 3 Guarantee...................................................................................................................2 4 Faithful Performance and Security ............................................................................3 5 Indemnification, Defense, Hold Harmless..................................................................3 6 Workers' Compensation Insurance ............................................................................4 7 Insurance.....................................................................................................................4 8 Certificates of Insurance; Additional Insured Endorsements ....................................5 9 Attorneys' Fees...........................................................................................................6 4/s:PCD:Tr15084 SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND SHEA VICKERS RESIDENTIAL, LLC FOR TRACT NO. 15086 THIS AGREEMENT is entered into this �' day of , 1997, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY," and SHEA VICKERS RESIDENTIAL, LLC, a Delaware limited 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. 15086; and As a condition of the approval of and prior to the recordation of said subdivision map, SUBDIVIDER is required to improve and dedicate the streets and alleys, and to perform certain other improvements in said subdivision; and SUBDIVIDER desires to enter into an agreement with CITY to delay performance of certain of the work; to agree to perform said work as herein provided; and to execute and deliver to CITY bonds for the faithful performance of said agreement, for the payment of all labor and material in connection therewith, and for the guarantee and warranty of the work for a period of one (1)year following completion and acceptance thereof against any defect in work or labor done, or defective materials furnished, as required by Sections 66499 and 66499.3 of the 1 4/s:PCD:Agree:Tr 15086 RLS 97-395 6/2/97 Government Code of the State of California, and Chapter 225 of CITY'S Zoning and Subdivision 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. 2. ARTERIAL HIGHWAY IMPROVEMENT SUBDIVIDER agrees to complete all arterial highway improvements, including perimeter walls and landscaping required by conditions of the tract map, prior to release or connection of utilities for occupancy for any lot in the Tract. 2 4/s:PCD:Agree:Tr 15086 RLS 97-395 5/30/97 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 Zoning and Subdivision Code, upon execution hereof SUBDIVIDER shall deposit with the City Treasurer the sum of Twenty Thousand Nine-five Dollars ($20,095.00) as prescribed by Section 255.16 thereof, which security is given to CITY to insure faithful performance of this Agreement and of all of the conditions of the Tract Map. The deposit may be by corporate surety bond, cash or other approved form of improvement security. All bonds and other forms of deposit shall be approved by the City Attorney prior to their acceptance by CITY. SUBDIVIDER may, during the term of this Agreement, substitute improvement security provided that the substituted security is acceptable to the City Attorney; however, any bond or other security given in satisfaction of this condition shall remain in full force and effect until the work of improvement is finally accepted by CITY and SUBDIVIDER may be required by CITY to provide a substitute security at any time. 5. INDEMNIFICATION, DEFENSE, HOLD HARMLESS SUBDIVIDER hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims,judgments, costs . and demands, however caused, including those resulting from death or injury to SUBDIVIDER'S employees and damage to SUBDIVIDER'S property, arising directly or indirectly out of the 3 4/s:PCD:Agree:Tr 15086 RLS 97-395 5/30/97 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 convenants 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. 7. INSURANCE In addition to the workers compensation insurance and SUBDIVIDER's covenant to indemnify CITY, SUBDIVIDER shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. Said policy shall indemnify SUBDIVIDER, its officers, agents and employees, while acting within the scope of their duties, against any and all claims of arising out of or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket 4 4/s: MAgree:Tr15086 RLS 97-395 5/30/97 contractual liability, of$1,000,000 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than $1,000,000. Said policy shall name CITY, its officers, and employees as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that SUBDIVIDER's insurance shall be primary. Under no circumstances shall said abovementioned insurance contain a self-insured retention, or a"deductible" or any other similar form of limitation on the required coverage. 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 this Agreement; said certificates shall: 1. provide the name and policy number of each carrier and policy; 2. shall state that the policy is currently in force; 3. shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice of CITY; and 4. shall state as follows: "The above detailed coverage is not subject to any deductible or self-insured retention, or any other form of similar type limitation." 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 the Agreement. CITY 5 4/s:PCD:Agree:Tr 15086 RLS 97-395 5/30/97 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. 9. ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and provisions of this agreement or in any bond given to secure the performance hereof, each party shall bear its own attorney fees and costs. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. 6 4/s:PCD:Agree:Tr 15086 RLS 97-395 5/30/97 SHEA VICKERS RESIDENTIAL, LLC, a CITY OF HUNTINGTON BEACH,A Delaware limited liability company municipal corporation of the State of California By: Shea Homes Limited Partnership, Mayor a California limited partnership ATTEST: By: J. F. Shea Co., Inc. a Nevada corporation, general partner — City Clerk 8 Q7 By: APPROVED AS TO FORM: T.Pq Thnmga print or type name City Attorney ITS: (circle one 6- Woridoatlaay.vice President INITIATED AND APPROVED: AND �*—� 1,r� City Engineer BY: Linda C Tong / VIEWED AND APPROVED: 4 print or type name) ITS: (circle one) City Administrator A€fiee Asst. Secretary—T4oa&aw 7 4/s:PCD:Agree:Tr 15086 RLS 97-395 5/30/97 SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND SHEA VICKERS RESIDENTIAL,LLC FOR TRACT NO. 15086 TABLE OF CONTENTS c i Pace 1 General Street Construction.......................................................................................2 2 Arterial Highway Improvement.................................................................................2 3 Guarantee...................................................................................................................2 4 Faithful Performance and Security ............................................................................3 5 Indemnification, Defense, Hold Harmless.................................................................3 6 Workers' Compensation Insurance ............................................................................4 7 Insurance....................................................................................................................4 8 Certificates of Insurance; Additional Insured Endorsements ....................................5 9 Attorneys' Fees...........................................................................................................6 4/s:PCD:Trl 5086