Loading...
HomeMy WebLinkAboutFinal Tract 14319 Pacific Coast Homes/Seacliff Partners NW c Recording requested by, —- of orange. California and when recorded return to: County Recorded ln��a Clerk/Recorder nvi Clerk lie IIIIIIIIIIIIIII No Fee 5198 Connie Brockway, City Gary Office of the City Clerk IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII s9�2Bi 04.3mPr� 1m11 19990 CITY OF HUNTINGTON BEACH24 P.O.Box 190-2000 Main Street 045,26.008 p1006 06 00 0.00 0.00 0.00 - Huntington Beach, Ca. 92648 A (Space above this line for Recorder's use only) ACCEPTANCE OF PUBLIC IMPROVEMENTS (Huntington Beach Municipal Code Section 255.22) PLEASE TAKE NOTICE THAT on February 6, 1995, the City Engineer considered the subdivision improvements described below, and found them to have been completed satisfactory and accepted, as limited by Huntington Beach Municipal Code Section 255.22(A), the improvements for public use. Further, the public improvements for the subdivision(s) have been dedicated to the City of Huntington Beach, as described on Final Map No. 14319. Public improvements constructed consist of paving, curbs and gutters, sidewalks, driveways, wheelchair ramps, street lights, sewer and water lines with appurtenances. This document is solely for the official business of the City of Huntington Beach, as contem- plated under Government Code Sec. 6103 and should be recorded free of charge. CITY OF HUNTINGTON BEACH Tax-Exempt-Government Agency CITY OF HUNTINGTON BEACH Connie Brockwey,City Clerk by: City Engineer lyplG BX eput�City Cie APPROVED AS TO FORM: 31879 4r✓City Attorney 90 �/r/�g P� w� k W" 1@1TY OF HUNTINGTON BEAC ab B•t�-o&ft-Q9" MEETING DATE: November 17, 1997 DEPARTMENT ID NUMBER: PW 97-092 Council/Agency Meeting Held:T/97 Deferred/Continued to: 2'Approved ❑ Conditionally Approved ❑ Denied Avu:1F City erk's Signature Council Meeting Date: November 17, 1997 Department ID Number: PW 97-092 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, Acting City Administrator�� , PREPARED BY: '"LES M. JONES II, Director of Public Works �r SUBJECT: APPROVE RELEASE OF THE GUARANTEE & WARRANTY BOND FOR TRACT NO 14319 IrStatement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: One year has elapsed since the acceptance of improvements for Tract No. 14319 located on the'south side of Evening Hill Dr., west of Goldenwest St. The Subdivider, Pacific Coast Homes, has requested release of the Guarantee and Warranty Bond; the security furnished for guarantee and warranty of improvements. Funding Source: Not applicable. Recommended Action: Motion to (1) release Guarantee and Warranty Bond No. 8583- M; the security furnished for guarantee and warranty of improvements; And, (2) Instruct the City Clerk to notify the developer, Pacific Coast Homes, of this action, and the City Treasurer to notify the Bonding Co., of this action. Alternative Action(s): Deny the recommended action. Analysis: The City Council, on February 6, 1995, accepted the improvements constructed and dedicated for public use within Tract No. 14319 and accepted Guarantee and Warranty Bond No. 8583-M; the security furnished for guarantee and warranty of improvements. California Government Code Section 66499.3(d) requires that security for the guarantee and warranty of the improvements be posted upon acceptance of the public improvements, and that the security remain in effect for a period of not le, / ss than one year. 0028575.01 -2- 10/30/97 4:13 PM #QUEST FOR COUNCIL ACTON MEETING DATE: November 17, 1997 DEPARTMENT ID NUMBER: PW 97-092 Public improvements constructed consist of paving, curb and gutter, sidewalk, driveway, sewer and water lines. The required time period has elapsed, and the City Engineer has determined that the improvements have been constructed in substantial compliance with the approved plans and specifications, and recommends release of the security. Following is a list of project data: Subdivider: Pacific Coast Homes, 23 Corporate Plaza, Ste. 250, Newport Beach, Ca. 92660 Engineer: Walden & Assoc., 18012 Cowan, Ste. 210, Irvine, Ca. 92714 Title Co.: First American Title Co., 114 E. 5th St., Santa Ana, Ca. 92702 Location: South side of Evening Hill Dr., west of Goldenwest St.. Lots: 6 Acreage: 1.58 Zone: R1 Environmental Status: This recommended action to release the security is a ministerial act, and is exempt from the requirements of the California Environmental Quality Act, pursuant to State CEQA Guidelines, Cal. Admin. Code, Title 14, Chapter 3, Section 15268(b). Attachment(s): City Clerk's Page Number No. Description 1 Location Ma RCA Author: Bruce Crosby i 0028575.01 -3- 10/30/97 4:13 PM ATTACHMENT 1 NOT TO SCALE . U . p H.B. HIGH SCHOOL O 0 el VD o U Li Li ol a P SMITH SCHOOL DWYER SCHOOL nn ATTACHMENT NO. 1 TR . 14319 � LOCATION MAP /. A4 CITY OF HU.NTINGTON BEACH � DEPARTMENT OF PUBLIC WORKS g:\crosby\tr-14319.dwg s • • RCA ROUTING SHEET INITIATING DEPARTMENT: Department of Public Works SUBJECT: Approve Release of the Guarantee & Warranty Bond for Tract No. 14319 COUNCIL MEETING DATE: November 17, 1997 .... .... . _ _ ......... ......... ... ..... _ . ......... _... ......... ......... - . ..... . ..... ......... ........ ......... 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) Not Applicable 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 REV[EWED RETURNED FOR DED, Administrative Staff Assistant City Administrator initial City Administrator Initial City Clerk . EXPLANATfON FOR RETURN OF ITEM: Space . Only) RCA Author: Bruce Crosby f vn, STATEMENT OF ACTION OF THE CITY COUNCIL Council Chamber, Civic Center Huntington Beach, California Monday, February 6, 1995 A videotape recording of this meeting is on file in the Office of the City Clerk. Mayor Leipzig called the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to order at 5:00 p.m. CITY COUNCIUREDEVELOPMENT AGENCY ROLL CALL PRESENT: Sullivan, Leipzig, Dettlogg, Green, Garofalo, Harman ABSENT: Bauer CONSENT CALENDAR- (ITEM APPROVED) On motion by Green, second Garofalo, the following item was approved as recommended, by the following roll call vote: NOTICE OF COMPLETION -TRACT NO. 14319 -APPROVED - PACIFIC COAST HOMES. - S/EVENING HILL DRIVE W/GOLDENWEST STREET-Accepted improvements constructed and dedicated for public use with Tract No. 14319; released Faithful Performance Bond No. 8583, Labor and Material Bond No. 8583 and Monument Bond No. 8584; accepted Guarantee and Warranty Bond No. 8583-M; instructed the City Clerk to notify the developer, Pacific Coast Homes, of this action, and instructed the City Treasurer to notify the bonding company of this action. Mayor Leipzig adjourned the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach. /s/Connie Brockway City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK October 5, 1998 Gary L. Granville, County Clerk-Recorder P. O. Box 238 Santa Ana, California 92702 Enclosed please find the Acceptance of Public Improvements for Tract No. 14319 to be recorded and returned to the City of Huntington Beach, Office of the City Clerk, 2000 Main Street, Huntington Beach, California 92648. Please return a conformed copy of the Acceptance of Public Improvements when recorded to this office in the enclosed self-addressed stamped envelope. Go<�'r Connie Brockway, CMC City Clerk Enclosures: Acceptance of Public Improvements for Tract No. 14319 CB:cc (Telephone:714-536-5227) STATEMENT OF ACTION OF THE CITY COUNCIL Council Chamber, Civic Center Huntington Beach, California Monday, February 6, 1995 A videotape recording of this meeting is on file in the Office of the City Clerk. Mayor Leipzig called the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to order at 5:00 p.m. CITY COUNCIL/REDEVELOPMENT AGENCY ROLL CALL PRESENT: Sullivan, Leipzig, Dettlogg, Green, Garofalo, Harman ABSENT: Bauer CONSENT CALENDAR- (ITEM APPROVED) On motion by Green, second Garofalo, the following item was approved as recommended, by the following roll call vote: NOTICE OF COMPLETION -TRACT NO. 14319 -APPROVED - PACIFIC COAST HOMES. - S/EVENING HILL DRIVE W/GOLDENWEST STREET-Accepted improvements constructed and dedicated for public use with Tract No. 14319; released Faithful Performance Bond No. 8583, Labor and Material Bond No. 8583 and Monument Bond No. 8584; accepted Guarantee and Warranty Bond No. 8583-M; instructed the City Clerk to notify the developer, Pacific Coast Homes, of this action, and instructed the City Treasurer to notify the bonding company of this action. Mayor Leipzig adjourned the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach. /s/Connie Brockway City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California Page 2 - Statement of Action ATTEST: /s/Connie Brockway /s/Victor Leipzig City Clerk/Clerk Mayor STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I, Connie Brockway, the duly elected City Clerk of the City of Huntington Beach, California, do hereby certify that the above and foregoing is a true and correct Statement of Action of the City Council of said City at their regular meeting held on the 6th day of February, 1995. Witness my hand and seal of the said City of Huntington Beach this the 16th day of February, 1995. /s/Connie Brockway City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California B Deputy City Clerk 1' Request for City Council Action February 6, 1995 Submitted to : Honorable Mayor and City Council Submitted by: Michael T. Uberuaga, City Administrator - �p1 (� APPROVED BY CITY COUNCIL Prepared by: Les M. Jones II, Director of Public Works`I� J?r" a •.(p 193-- ,d ru^ Subject: NOTICE OF COMPLETION; TRACT NO. 14319 My RK Consistent with Council Policy? [X] Yes [ ] New Policy or Exception Statement of Issue, Recommendation,Analysis, Funding Source, Alternative Actions, Attachments: STATEMENT OF ISSUE: Pacific Coast Homes has completed all required public improvements for Tract No. 14319 and is requesting a release pursuant to the provisions of the Subdivision Map Act. RECOMMENDED COUNCIL ACTION: 1. Accept the improvements constructed and dedicated for public use with Tract No. 14319; And, 2. Release Faithful Performance Bond No. 8583, Labor and Material Bond No. 8583 and Monument Bond No. 8584; And, 3. Accept Guarantee and Warranty Bond No. 8583-M; And, 4. Instruct the City Clerk to notify the developer, Pacific Coast Homes, of this action, and the City Treasurer to notify the bonding company of this action. ANALYSIS: The City Council, on December 7, 1992, approved Final Map No. 14319, and accepted a bond for faithful performance, labor and material, and monuments. The developer has completed all required public improvements, and is requesting acceptance of the work and release of the bonds pursuant to Calif. Government Code Section 66499.7. Public improvements constructed consist of paving, curbs and gutters, sidewalks, driveways, wheelchair ramps, street lights, sewer and water lines with appurtenances and a cross gutter within Newfoundland Cir., a 195 foot long public street. Additional improvements, within Palm Ave. and 17th St., the two perimeter streets adjacent to the tract boundary, consist of paving, curbs and gutters, sidewalks, street lights, cross gutter and tree wells. � `O i Request for City Council Action1 • q Y Tract No. 14319 February 6, 1995 Ij Page 2 I ! The City Engineer has determined that the improvements have been constructed in substantial compliance with the approved plans and specifications, and recommends acceptance of the improvements. Calif. Government Code Section No. 66499.3 (d) requires that security for the guarantee and warranty of the improvements be posted upon acceptance of the public improvements. The developer has provided Guarantee and Warranty Bond No. 8583-M as security. Following is a list of project data: Subdivider: Pacific Coast Homes, 2124 Main St., Ste. 200, Huntington Beach, Ca. 92648 Engineer: Walden & Assoc., 18012 Cowan, Ste. 210, Irvine, Ca. 92714 Title Co.: First American Title Co., 114 E. 5th St., Santa Ana, Ca. 92702 Location: South side of Evening Hill Dr., west of Goldenwest St. Lots: 6 Acreage: 1.58 Zone: R1 ENVIRONMENTAL STATUS: This recommended action to accept the improvements is a ministerial act, and is exempt from the requirements of the California Environmental Quality Act, pursuant to State CEQA Guidelines, Cal. Admin. Code, Title 14, Chapter 3, Section 15268 (b). FUNDING SOURCE: Not applicable ALTERNATIVE ACTIONS: Deny the recommended action ATTACHMENTS: (1) Location Map (2) Guarantee and Warranty Bond No. 8583-M MTU/RS/LMJ/BPC:bpc NOT TO SCALE H.B. HIGH SCHOOL O 0 Li o a l' SMITH SCHOOL DWYER SCHOOL nn ATTACHMENT NO. 1 TR . 14319 LOCATION MAP .JJ CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS g:\crosby\tr-14319.dwg CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK CITY CLERK LETTER OF TRANSMITTAL REGARDING ITEM APPROVED BY THE CITY COUNCIL/REDEVELOPMENT AGENCY APPROVED ITEM DATE: TO: �Q��FiC �ft�ST �ames ATTENTION: Name a?c3eOR/0O,f 5 /ft7-�j�1[i�PoZSD DEPARTMENT: Z ),G.mT )�� ,c/FDAh/� REGARDING: /K3/9 City,state,Zip See Attached Action Agenda Item Date of Approval Z 7A 7 Enclosed For Your Records Is An Executed Copy Of The Above Referenced Item For Your Records. I Connie Brockway City Clerk Attachments: Action Agenda Page Agreement Bonds Insurance RCA / —Deed Other Remarks: 06� /�S o L: Cl t SC A E D19 Name Department RCA Agreement Insurance Other C,�atsadV 'bPw N a Department RCA Agreement Insurance Other l�T 40 Ti AAAso e,es N D artmeA 0FGtCC. RCA Agreement Insurance Other S3/eD Pat 2/✓ orn. ,l�t�• Risk Management Department Insurance Copy G:Fol1owup/agrmts/transltr (Telephone:714-536-5227) 9 • 11/17/97 - Councioenc Agenda - Page 9 ( ) 9 Y 9 9 E-11. (City Council)Approve Release Of The Guarantee&Warranty Bond For Tract No. 14319 - Pacific Coast Homes -s/o Evening Hill Drive -w/o Goldenwest Street (420.60- 1. Release Guarantee and Warranty Bond No. 8583-M from (Pacific States Insurance Company); and 2. Instruct the City Clerk to notify the developer, Pacific Coast Homes, of this action, and the City Treasurer to notify the Bonding Company of this action. Submitted by the Public Works Director [Approved-- 7-0] E-12. (City Council)Approve Removal And Replacement Policy For Park Play Equipment- (920.40) 1. Remove potentially unsafe play equipment in Huntington Central, Hawes, Lake View, LeBard, Marina, Schroeder, Seabridge, Wardlow and Worthy Parks as presented in Attachment No. 1 to the Request for Council Action dated November 17, 1997; and 2. Approve the short and long term policies to address Consumer Products Safety Commission (CPSC) guidelines and Americans with Disabilities Act (ADA) for replacement of play equipment in city parks as presented in Attachment No. 2 to the Request for Council Action dated November 17, 1997. Submitted by the Community Services Director [Approved-- 7-01 E-13. (City Council)Approval Of Annual Professional Service Contract To Perform Water Quality Analyses For Water System -Truesdail Laboratories Inc. (600.10) 1. Approve the selection of Truesdail Laboratories, Inc., in an amount not to exceed $40,000.00 for the Fiscal Year 97/98 contract; and 2. Authorize the Mayor and City Clerk to execute the Professional Services Contract between the City of Huntington Beach and Truesdail Laboratories, Inc. to provide Water Quality Analyses Services. Submitted by the Public Works Director [Approved-- 7-01 E-14. (Redevelopment Agency)Approve Amendment No. 4 To The Agreement For Legal Services Between The Redevelopment Agency And Lewis, D'Amato, Brisbois & Bisgarrd - Bloom Case- (600.30) Approve and authorize execution by the Chairman and Clerk of Amendment No. 4 to Agreement between the Redevelopment Agency of the City of Huntington Beach and Lewis D'Amato, Brisbois& Bisgarrd for Legal Services for Bloom v. Redevelopment Agency of the City of Huntington Beach in connection with the litigation of the lawsuit entitled Bloom v. City of Huntington Beach and Redevelopment Agency of the City of Huntington Beach. Submitted by the City Attorney [Approved-- 7-01 E-15. (Redevelopment Agency)Approve Amendment No. 1 To The Owner Participation Agreement (OPA) 126 Main Street(Standard Market) -Mohammed And Adel Zeidan - Modification Of Insurance Requirements& Plan Submittal Date -126 Main Street- (600.30) 1. Approve First Amendment to Owner Participation Agreement by and between the Redevelopment Agency of the City of Huntington Beach and Mohammed and Adel Zeidan; and 2. Direct the Agency Chairperson, Agency Clerk, and Agency Executive Director to execute this Amendment, the original OPA and the Restrictive Covenants when signed by the participants and notarized, then record with the County Recorder. Submitted by the Economic Development Director [Approved-- 5-0; Green, Garofalo: Absent from room] (9) Page 2 - Statement of Action ATTEST: /s/Connie Brockway /s/Victor Leipzig City Clerk/Clerk Mayor STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I, Connie Brockway, the duly elected City Clerk of the City of Huntington Beach, California, do hereby certify that the above and foregoing is a true and correct Statement of Action of the City Council of said City at their regular.meeting held on the 6th day of February, 1995. Witness my hand and seal of the said City of Huntington Beach this the 16th day of February, 1995. /s/Connie Brockway City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California B Deputy City Clerk Request for City Council Action February 6, 1995 Submitted to : Honorable Mayor and City Council Submitted by: Michael T. Uberuaga, City Administrator (� APPROVED BY CITY COUNCIL Prepared by: Les M. Jones II, Director of Public Worksq'\--�!1 - �p 19� ,d X4^ Subject: NOTICE OF COMPLETION; TRACT NO. 14319 K Consistent with Council Policy? [X] Yes [ ] New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: Ady STATEMENT OF ISSUE: Pacific Coast Homes has completed all required public improvements for Tract No. 14319 and is requesting a release pursuant to the provisions of the Subdivision Map Act. RECOMMENDED COUNCIL ACTION: 1. Accept the improvements constructed and dedicated for public use with Tract No. 14319; And, 2. Release Faithful Performance Bond No. 8583, Labor and Material Bond No. 8583 and Monument Bond No. 8584; And, 3. Accept Guarantee and Warranty Bond No. 8583-M; And, I 4. Instruct the City Clerk to notify the developer, Pacific Coast Homes, of this action, and the City Treasurer to notify the bonding company of this action. ANALYSIS: The City Council, on December 7, 1992, approved Final Map No. 14319, and accepted a bond for faithful performance, labor and material, and monuments. The developer has completed all required public improvements, and is requesting acceptance of the work and release of the bonds pursuant to Calif. Government Code Section 66499.7. Public improvements constructed consist of paving, curbs and gutters, sidewalks, driveways, wheelchair ramps, street lights, sewer and water lines with appurtenances and a cross gutter within Newfoundland Cir., a 195 foot long public street. Additional improvements, within Palm Ave. and 17th St., the two perimeter streets adjacent to the tract boundary, consist of paving, curbs and gutters, sidewalks, street lights, cross gutter and tree wells. Request for City Council Action • Tract No. 14319 February 6, 1995 Page 2 The City Engineer has determined that the improvements have been constructed in substantial compliance with the approved plans and specifications, and recommends acceptance of the improvements. Calif. Government Code Section No. 66499.3 (d) requires that security for the guarantee and warranty of the improvements be posted upon acceptance of the public improvements. The developer has provided Guarantee and Warranty Bond No. 8583-M as security. , Following is a list of project data: Subdivider: Pacific Coast Homes, 2124 Main St., Ste. 200, Huntington Beach, Ca. 92648 Engineer: Walden &Assoc., 18012 Cowan, Ste. 210, Irvine, Ca. 92714 Title Co.: First American Title Co., 114 E. 5th St., Santa Ana, Ca. 92702 Location: South side of Evening Hill Dr., west of Goldenwest St. Lots: 6 Acreage: 1.58 Zone: R1 ENVIRONMENTAL STATUS: This recommended action to accept the improvements is a ministerial act, and is exempt from the requirements of the California Environmental Quality Act, pursuant to State CEQA Guidelines, Cal. Admin. Code, Title 14, Chapter 3, Section 15268 (b). FUNDING SOURCE: Not applicable ALTERNATIVE ACTIONS: Deny the recommended action ATTACHMENTS: (1) Location Map (2) Guarantee and Warranty Bond No. 8583-M MTU/RS/LMJ/BPC:bpc NOT TO SCALE H.B. HIGH SCHOOL O 0 � a SMITH SCHOOL DWYER SCHOOL FIF l ATTACHMENT NO. 1 TR . 14319 LOCATION MAP CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS g:\crosby\tr-14319.dwg API OrLll AS TO 1"ORIAti CA JTTON Boe 3-NWiber 8583-M • ^ CIi �TTORJEY Premium Included By: � Power Number 74591 Deputy City Attorney GUARANTEE AND WARRANTY BOND WHEREAS, Seacliff Partners, A California General Parrnerahtp , as a Principal, and Pacific States Casualty Company a corporation organized under the laws of the State of California and duly authorized to do business in the State of California, as Surety, are held and firmly bound unto the CITY OF HUNTINGTON BEACH, California, as Obligee, in the penal sum of Five Thousand Six Hundred Seventy-Five and N01100----($5,675.00)Dollars , representing 10 percent of the contract price entered into between the Principal and Obligee, to which payment well and truly to be made we do bind ourselves, our and each of our heirs, executors, administrators, successors and assigns jointly and severally, WHEREAS, the said Principal entered into a contract with said Obligee, dated for work described as follows: ' Tract No. 14319 - Well Island "T" WHEREAS, said contract provides that the Principal will furnish a bond conditioned to guarantee and warrant for the period of one year after completion of the work and acceptance thereof by the Obligee, against all defects in workmanship and materials during said one year period. WHEREAS, said work has been completed, and accepted by Obligee on NOW, THEREFORE, the Principal and Surety, jointly and severally shall indemnify the Obligee for all loss that the Obligee may sustain- by reason of any defective materials or workmanship which become apparent during the period of one year from and after date of E� completion of work and acceptance thereof by Obligee. SIGNED this 30th day of September , 19 92 Signatures shall be notarized. Authorized representatives shall be president and vice president or attorney-in-fact owner. Seacliff Partners, A California General Partnership PRINCIPAL By: UWC-Seacliff Limited Partner, Its General ptr By: UWC-Seacliff Land Corporation, Its General ptx By . Stephe unther, President Pacific States Casualty Company SURETY By .s ized entative William C. Slater, Jr., Attorney-in-Fact l0og CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK January 7; 1993 First American Title Insurance Co. 114 East Fifth Street Santa.Ana, CA 92702 Attention: Subdivision Officer RE: Tract Map No. 14319 This is .to inform you that all fees have been paid and conditions met on the above named tract. You are free to record same at your convenience. After recording, please return two prints of the Tract Map to Bruce Crosby, Department of Public Works, P.O. Box 190, Huntington Beach, California 92648. Connie Brockway City Clerk CB:bt Enclosure Received by Dated (Tale phone:714-536-5227) 7 C J REQUESAFOR CITY COUNCIACTION Date December 7, 1992 Submitted to: Honorable Mayor and City Council Submitted by: Michael T. Uberuaga, City Administrator Prepared by: Michael Adams, Director, Community Developme oe Subject: FINAL TRACT MAP 14319 WITH BONDS AND AGREEMENTS _.. APPROVED BY CITY COUNCJL- I zj Consistent with Council Policy? Yes [ ] New Policy or ExceptionCIVIF i nx_ Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Action , men s: STATEMENT OF ISSUE• The final map of Tract No. 14319 (also referred to as Island T within the Seacliff residential area) , located on the northwest corner of Palm Avenue and 17th Street, is being submitted to the City Council for approval . RECOMMENDATION• Motion to: "Approve Final Tract Map No. 14319 and accept the offer of dedication and improvements, and bonds pursuant to the following findings and requirements : " Findings for Acceptance of May: 1. Final Tract Map No. 14319 is in substantial compliance with the tentative map previously approved by the Planning Commission. Requirements : 1. Offer of dedication and improvements are subject to completion of requirements shown on the tentative map. 2. The City Clerk is hereby instructed to file the following bonds with the City Treasurer: a. Faithful Performance Bond No. 8583 b. Labor and Material Bond No. 8583 C. Monument Bond No. 8584 3 . Instruct the City Clerk to not affix her signature to the map nor release it for preliminary processing by the County of Orange or for recordation until the following conditions have been complied with: a. A deposit of fees for water, sewer, drainage, engineering l0 and inspections shall be provided; PIO 5/85 b. A Certificate of Insurance shall be submitted; c. Subdivision Agreement; d. Drainage for the subdivision shall be approved by the Department of Public Works prior to recordation of the final map. e. The Declaration of Covenants, Conditions and Restrictions shall be reviewed and approved by the Department of Community Development and approved as to form by the City Attorney prior to recordation of the Final Map. ANALYSIS• SUBDIVIDER: Pacific Coast Homes 2124 Main Street, Ste. 200 Huntington Beach, CA 92648 ENGINEER: Walden and Associates 18012 Cowan, Suite 210 Irvine, CA 92714 LOCATION: Northwest corner of Palm Avenue and 17th Street ACREAGE: 1. 58 AC LOTS: 6 NO. OF UNITS: 6 ZONE: Rl-01 GENERAL PLAN: Low Density Residential DISCUSSION• The map has been examined and certified by the Director of Public Works and the Secretary to the Planriing Commission as being substantially in accordance with the tentative map as filed with, amended and approved by the Planning Commission. The subdivider has satisfied the Park and Recreation requirement with the dedication of two (2) , . 55 acre parcels as required mitigation for Negative Declaration No. 90-28 . The subdivider is responsible for improvement of both greenbelts prior to 'issuance of any building permit. RCA 12/7/92 -2- (5095d) ENVIRONMENTAL STATUS: This action to accept Final Map No. 14319 is exempt from the requirements of the California Environmental Quality Act, Section 15268(b) . On May 6, 1991, the Planning Commission approved Negative Declaration No. 90-28 for the project itself . FUNDING SOURCE• Not applicable. ATTACHMENTS• 1. Area map 2 . Subdivision Agreement 3 . Monument Bond 4 . Faithful Performance Bond 5 . Labor and Material Bond MTU:MA:WC: lp r RCA 12/7/92 -3- (5095d) 1 f �o. OG RI-0 %a s v , RI-0%. RI-0 R4-0-CZ CIA \\2 T�'�� - - _ ,� �•P I M 2-01-CZ 5� E -E sec. C F • J + FLM P qCi CIO -- \ •_�_:•. _�Q� p�Lf�/��//'�/+.__ \ j _ Nam.ME C5,J (MuEm N-1 4 0 1P ��> 4• Z ql' i 4� . $ 1[TTr6DT F S� VV ��NEP PE ' \ f4Le. � IgRION YI FT 14319 4' I HUNTINGMN BEACH HUNTINGTON BEACH PLANNING DIVISION SuX 3�3 3:.. .r G' City of Huntington Beach P O Box 711 CALIFORNIA 92648 * TELEPHONE 714 536.5200 FAx 714 374.1603 SHARI L. FREIDENRICH CITY TREASURER January 3, 2000 CERTIFIED MAIL Seacliff Partners 23 Corporate Plaza, Ste. 250 Newport Beach, CA 92660 To Whom It May Concern: This is to inform you the City Council of the City of Huntington Beach, on November 17, 1995, approved the release of the following bond: Tract # 14319 Guarantee and Warranty Bond No. 8533-M The original copies of these bonds were sent certified mail to your surety's address-. but were returned to us by the post office. Therefore, I am sending the bonds to you for your records.. Also enclosed is a copy of the City Council Action, approving the release of the above- referenced bonds. If you have any questions regarding this matter, please contact me at (714) 536-5200. Sincerely, Shari L. reidenrich, CPA, CCMT City Treasurer Enclosures cc: Bob Beardsley, Director of Public Works (no attachments) Connie Brockway, City Clerk (no attachments) a G:`•.Denim'•Shari`•.Letters'.BondLr4 co Uj al 2 A cap � N � N �' • �)R MfUM $1,135.00 FAITHFUL PERFORMANCE BOND" WHEREAS, the City Council of the City of Huntington Beach, State of California, and Seacliff Partners, A California General Partnership , (hereinafter designated as "Principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated 19 and identified as Tract No. 14319 - project Well Island "T" is hereby referred to and made a part hereof; and WHEREAS, said principal is required under the terms of said agree- ment to furnish a bond for the faithful performance of said agreement. Now, therefore, we.the principal and Pacific States Casualty Company as surety, are held and firmly bound unto the City of Huntington Beach hereinafter called "City", in the penal sum of One Hundred Thirteen Tousand Five Hundred and No/100----------------------- dollars 500.00,113$( ) 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 asaigns, shall in all things stand to and abide by, and well and tr1ily keep.and perform the covenants, conditions and provisions in.the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and. save harmless "City", its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect, PG(" NP 4 Faithful formance Bond Page 2 • As a part of the obligation secured hereby and in addition to the face amount specified therefor, the're'shall be included costs and reasonable expenses and fees, including reasonable attorney's fees incurred by "City" in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change., extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. . In witness'whereof, this instrument has.been duly executed by the' principal and surety above named, September30, 19 92 - , Seacliff Partners, A California. as Principal iGeneral a s i By By Pacific Stat s Casualty Coma as Surety By � - William C. Slater, Jr., Attorne -in-Fact By ` 8583 iBOND NO. The Premium for this Bond is: $1,135.00 BOND ER a5dj 1 UM Included LABOR AND MATL'IZIAL dUNU WHEREAS, the City Council of the City of Huntington Beach, State of . California, and Seacliff Partners, A California General (hereinafter Partnership designated-as "Principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated 19 , and identified as project Tract No. 14319 - Well Island "T" is hereby referred to and made a part hereof; and WHEREAS, under the terms of said agreement, principal is required. before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Huntington Beach to secure .the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of Civil Code of the State of California. Now, therefore, said principal and the undersigned as corporate surety, are held firmly bound unto the City of Huntington Beach and all. con- tractors, subcontrActors, laborers, niaterialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Proceedure in the sum of Fifty-Six Thousand Seven Hundred dollars Fifty and No/100--------------- (s 56,750.00 ), for materials furnished or labor thereon of any kind, or'for amounts due under the. Unemployment .Insurance Act with respect to such work or labor, that said surety will pay the same in. an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face .amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by "City" in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. ' It is hereby expressly stipulated and agreed that this bond shall inure' to the hcnefit of any, and .11 Pnrsnnc, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3,of C. L: Labor Material Bond • "b� the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said agreement or the speci- fications accompanying the same shall in any manner affect its obligations on this bond, and does hereby waive notice of any such change, extension, alteration or addition. IN WITNESS.WHEREOF, this instrument has been duly executed by the principal and surety above named, on September 30, 19 92 I Seacliff Partners, A California General as Principal I ' f Fartnersilip By: i By: I _. .. .. as Pacific States Casualty Company , Surety By: William C. Slater, Jr., Attor y-in-Fact = By. POWER OF ATTORNEY OF PACIFIC N° 74590 STATES CA S U A LT 1 cci si r A NV NOTICE: 1. All power and authority herein granted in any event terminate on the 31 st day of December,1993. 2. This Power of Attorney is void if altered or if any portion is erased. 3. This Power of Attorney is void unless the seal is readable,the text is in black ink the signatures are in red ink and this notice is in red ink 4. This Power of Attorney-should not be returned to the Attorney-In-Fact,but should remain a permanent part of the obligee's records. KNOW ALL MEN BY THESE PRESENTS,that,except as expressly limited,PACIFIC STATES CASUALTY COMPANY,does,hereby make,constitute and appoint William C. Slater, Jr. the true and lawful Attorney-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporation as surety,bonds,undertakings and contracts of suretyship in an amount not exceeding$500,000 in any single undertaking;giving and granting unto said Attorney-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as said corporation could do,but reserving to said corporation full power of substitution and revocation; and all of the acts of said Attorney-in-Fact,pursuant to these presents,are hereby ratified and confirmed. The authority and powers conferred by this Power of Attorney do not extend to any of the following bonds,undertakings or contracts of suretyship: Bank depository bonds.mortgage deficiency bonds.mortgage guarantee bonds. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolution adopted by the Board of Directors of PACIFIC STATES CASUALTY COMPANY,effective as of August 3,1984. RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is authorized to execute Powers of Attorney,qualifying the attorney named in the Powers of Attorney to execute,on behalf of the corporation,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of the corporation be,and each of them hereby is authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF,PACIFIC STATES CASUALTY COMPANY has caused these presents lobe signed by its President and attested by its Secretary this 411n day of January 1988. 4PSE5 C4g& PACI S S CASUALTY COMPANY re?OPPOq'�'�` ATTEST LL FEB.1, O 0 A C• 1982 ; o FOR By Bruce E.MacKenzie I Esther R.Lowy.Se7cretaly STATE OF CALIFORNIA ) SS. COUNTY OF LOS ANGELES ) On September 5,1989,before me,the undersigned,a Notary Public in and for said State,personally appeared Bruce E.MacKenzie and Esther R.Lowy,personally known to me(or proved to me on the basis of satisfactory evidence)to be the persons who executed the within instrument as President and Secretary on behalf of Pacific States Casualty Company,the corporation therein named,and acknowledged to me that the corporation executed it WITNESS my hand and official seal. A OFFICIAL SEAL ELLEN H. OSHIRO Signature • NCi•Rv PUBIIC UI DOgNi• Notary Public PRINCIP•t OFFICE IN LOS•NOFLES COUN1• - wr Commntroa L.D.—Jw»4,1993 CERTIFICATE The undersigned,as Secretary of PACIFIC STATES CASUALTY COMPANY,does hereby certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked;and furthermore.that the provisions of the resolution of the Board of Directors of said corporation set forth in the Power of Attorney,are in force as of the date of this Certificate. This Certificate is executed in the City of Los Angeles,California,this 30 th day of September 198 92 1eS C4a PACIFIC STATES CASUALTY COMPANY g 4oPPOR'� 0 FEB.1. 0 0 i n 1982 t 1 > FOP N P?,D By 1• PSC-S-101 9/89 Esther R.Lowy. ecreta # AlMONUMEN'WND • Bond 8584 Premium $150.00 KNOW ALL MEN BY THESE PRESENTS: That Seacliff Partners. A California General Partnership 14319 - Well as subdivider of Tract No. Island "T" in the City of Huntington Beach, County of. Orange, State of California, has submitted to said City a.Final Map of said tract containing an engineer's or surveyor's certificate stating that all final monuments will be set in the positions indicated on or before the date specified in said certifi- cater That said_ _Seacliff Partners, A California General Partnership (Subdivider) as principal, and Pacific States Casualty Company as surety, hereby guarantee to the City of Huntington Beach the payment of the cost of setting all such monuments within or in connection with said tract, as are not already net prior to the recording of said Final Map, in accordance with said map and said certificate up to but not in excess of the sum of $ 3,000.00 - (Three Thousand and N0110p) in which sum we are held and firmly bound to the City of Huntington Beach, all in accordance with and subject to the terms, conditions and provisions of Article 9, Chapter 4 of the Government Code of the State of California. IN WITNESS WHEREOF, we have executed this instrument this 30th day of September , 19 92 i i Seacliff_Partners, A California General , as Principal Partnership By: By: Pacific .St t asualty o y , as Surety I By: wiliiam C. 61aLerq JE., AL.LUL7Y- t By: POWER OF ATTORNEY OF PACIFIC N?- 7 4 5'9 2 .STATES CA S C ALTY C,O St PA I'i - NOTICE: 1. All power and authority herein granted in any event terminate on the 31 st day of December,1993. 2. This Power of Attorney is void if altered or if any portion is erased. 3. This Power of Attorney is void unless the seal is readable,the text is in black ink the signatures are in red ink and this notice is in red ink 4. This Power of Attorney should not be returned to the Attorney-In-Fact,but should remain a permanent part of the obligee's records. KNOW ALL MEN BY THESE PRESENTS,that,except as expressly limited,PACIFIC STATES CASUALTY COMPANY,does,hereby make,constitute and appoint William C. Slater, Jr. the true and lawful Attorney-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporation as surety,bonds,undertakings and contracts of suretyship in an amount not exceeding$500,000 in any single undertaking;giving and granting unto said Attorney-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as said corporation could.do,but reserving to said corporation full power of substitution and revocation; and all of the acts of said Attorney-in-Fact,pursuant to these presents,are hereby ratified and confirmed. The authority and powers conferred by this Power of Attorney do not extend to any of the following bonds,undertakings or contracts of suretyship: Bank depository bonds,mortgage deficiency bonds,mortgage guarantee bonds. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolution adopted by the Board of Directors of PACIFIC STATES CASUALTY COMPANY,effective as of August 3.1984: RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is authorized to execute Powers of Attorney,qualifying the attorney named in the Powers of Attorney to execute,on behalf of the corporation,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of the corporation be,and each of them hereby is authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. I N W ITN ESS W HEREOF,PACIFIC STATES CASUALTY COMPANY has caused these presents to be signed by its President and attested by its Secretary this 4th day of January 1988. P1E5 CgsG r; aPOq ATTEST PACT S S CASUALTY COMPANY ..'�-"�- v ` LL ? FEB.1, O ft 6 (1 1982 ; d q �p JD By t,FOap *? By Bruce E.MacKenzie * Esther R.Lowy,'S42--retaliy STATE OF CALIFORNIA ) SS. COUNTY OF LOS ANGELES ) On September 5,1989,before me,the undersigned,a Notary Public in and for said State,personally appeared Bruce E.MacKenzie and Esther R.Lowy,personally known to me(or proved to me on the basis of satisfactory evidence)to be the persons who executed the within instrument as President and Secretary on behalf of Pacific States Casualty Company,the corporation therein named,and acknowledged to me that the corporation executed it WITNESS my hand and official seal. OFFICIAL SEAL ELLEN H. OSHIRO Signature N01ARYPUBLIC C111E0RNIA. PRINCIP�I Oii10E IN Notary Public LOS&NOELES COUNT♦ (b.y Co—essm Up—Jum 1,1993 CERTIFICATE The undersigned,as Secretary of PACIFIC STATES CASUALTY COMPANY,does hereby certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked:and furthermore,that the provisions of the resolution of the Board of Directors of said corporation set forth in the Power of Attorney,are in force as of the date of this Certificate. This Certificate is executed in the City of Los Angeles,California,this 30th day of September 198 92 SEs c4a PACIFIC STATES CASUALTY COMPANY yP°pP 0q'`4� W ? FEB.1, O 0 o /992 ' L Byjw�A= trFOP` >`'a PSC-S-101 9/89 Esther R.Lowy. NOTICE OF (OPLETION WITH CONDITIONS 0 RACTS AUTHORIZATION FOR RELEASE FOR RECORDING TO : CITY CLERK DATE : FROM : PUBLIC- WORKS DEPARTMENT Bruce Crosby TRACT NO. /¢3l�7 DEVELOPER CONDITIONS : Date Deposit of fees for water , sewer, . drainage, engineering and inspection Bond for Improvement . . . . . . . Signature of Agreement . . . . . . . . . Certificate of Insurance . . .. . . . Bond for Monuments . . . . . . . . . . Labor & Material Bond . . . . . . . . Other : Signature NOTICE OF COIZA LIANCE WITH CONDITIONS ON `31.';t2ACIV eAR- EL IA-2 AUTHORIZATION FOR RELEASE FOR RECORDING TO: City Clerk Date: FROM: COMMUNITY DEVELOPMENT Michael C. Adams TRACT NO. PARCEL MAP NO. 1 RECREATION & PARK �FEES PJJAID OTHERA-,1 Q/{r 0l Cst Michalel C. Adams --------------------- � .................. CER� IFICAY g - N iURIAtVGE 5 - ISSUE DATE(MM/DD/YY) r x =. PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE SANDLIN '& ASSOCIATES DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE INSURANCE AGENCY, INC. POLICIES BELOW. P.O. BOX 769 COMPANIES AFFORDING COVERAGE DOWNEY, CA. 90241-0769 COMPANY LETTER A SAFECO INSURANCE CO. COMPANY ,INSURED LETTER B NORTH AMERICAN INSURANCE CO. i SEACLIFF PARTNERS COMPANY C A"CALIFORNIA GENERAL PARTNERSHIP LETTER INSURANCE COMPANY OF PENNSYLVANIA I URBAN WEST COMMUNITIE COMPANY OADW , 1 O LETTER D 1 SANTA MONICA, CA. 90401 COMPANY E LETTER 'COVERAGES _ j YTHIsis TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD j INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS 1 CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, j EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION' LIMITS ;LTR: DATE(MM/DD/YY) DATE(MM/DD/YY) ' 1 GENERAL LIABILITY ' GENERAL AGGREGATE i$2,_000,000. I X :COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG. -$ . 1 OOO OOO CLAIMS MADE: Y 'OCCUR.; CP2211709C 04-01-92 04-01-93 iPERSONAI 8 ADV.INJURY ;$1,OOO,OOO. OWNER'S&CONTRACTOR'S PROT.I ; EACH OCCURRENCE '$1,000,000. 'FIRE DAMAGE(Any one fire) $_ —50,000. - j ! ;MED.EXPENSE(Any one person);$ 5,000. i AUTOMOBILE LIABILITY I COMBINED SINGLE ---� $ ZANY AUTO ;LIM IT :ALL OWNED AUTOS BODILY INJURY I ;SCHEDULED AUTOS ;(Per person) ;HIRED AUTOS BODILY INJURY $ I 'NON-OWNED AUTOS (Per accident) ----`GARAGE LIABILITY --- -- -- ------ ~-- ---— —_- - -- ;PROPERTY DAMAGE $ I EXCESS LIABILITY EACH OCCURRENCE -- .$ 10,000,000. CX;UMBRELLA FORM 4292-6685 04-01-92 04-01-93 AGGREGATE _ $ 10,000,000. 'OTHER THAN UMBRELLA FORM- - - - WORKER'S COMPENSATION STATUTORY LIMITS 09-30-91 09-30-92 EACH ACCIDENT $ As WC806213 _1 000,000. _. EMPLOYERS' I ' AND AND ;DISEASE—POLICY-LIMIT •$ 1,000,000. 09-30-92 09-30-93 DISEASE—EACH EMPLOYEE $ 1 1000,000. OTHER 1 BBUILDERS RISK—SPECIAL66,000,000. LIMIT OF INS. FORM—ALL RISK 530540 01-01-92 01-01-93 5,000. DEDUCITIBLE I DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS CERTIFICATE HOLDER TO BE NAMED AS ADDITIONAL INSURED WITH RESPECT TO LIABILITY ARISING OUT OF INSURED' S OPERATIONS, WITH RESPECTTOANY PROJECT .OF SEACLIFF PARTNERS. I CERTIFICATE HOLDER CANCELLATION CITY OF HUNTINGTON SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE 1. 2000 MAIN STREET V EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL "6&XQbh*'yf6 HUNTINGTON BEACH, CA. 92648 MAIL 30—DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, IYFLVIi *TI�I1�li�'S�'JL` iiNE3�f1 '°�ffS4 �fJ1> 5�'NE3�E�3�1'Kft�'D�i I AUTHORIZE PR TATIV 4600D`25 U ©ACORD CORPORATION 1990 SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND SEACLIFF PARTNERS FOR TRACT NO. 14319 THIS AGREEMENT is entered into this loth day of December , 1992, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to .as "CITY, " and SEACLIFF PARTNERS, a California general partnership, hereinafter referred to a-s "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. 14319; 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, �0/6/92 :PDA -1- as required by Sections 66499 and 66499 .3 of the Government Code of the State of California, and Article 997 of CITY' s ordinance code. NOW, THEREFORE,. in consideration of the promises and agreements of the parties as herein set forth, the parties agree as follows: 1. GENERAL STREET CONSTRUCTION SUBDIVIDER does hereby agree to do and perform the following work in said tract: All conditions of the tract map not completed at the time of the recordation thereof. to include, but, not limited to, the construction of streets, including excavation, paving, curbs, gutters, sidewalks, trees and landscaping; sewers, including construction of main lines and lot laterals and structures; street lights; street signs; construction of domestic water systems including the construction of water mains, lot laterals and installation of meters; engineering costs; and any miscellaneous requirements as may be set forth in CITY'S codes . All of said work shall be done and performed in accordance with plans, specifications and profiles which have been approved by the City Engineer and filed in the office of the City Engineer. All of work shall be done at the sole cost and expense of SUBDIVIDER. The acceptance of the dedication of said streets, alleys and other improvements, and said work shall be completed on or before two (2) years from the date hereof, and all labor and material . bills therefor shall have been paid by SUBDIVIDER. 10/6/92 :PDA -2- 2. ARTERIAL HIGHWAY IMPROVEMENT SUBDIVIDER agrees to complete all arterial highway improvements, including perimeter walls and landscaping required by conditions of the tract map, prior ,to release or connection of utilities for occupancy for any lot in the Tract. 3 . GUARANTEE SUBDIVIDER shall guarantee all work and material required to fulfill its obligation as stated herein for a period of one (1) year following the date of City Council acceptance of same. 4 . FAITHFUL PERFORMANCE- AND SECURITY In accordance with Huntington Beach Ordinance Code (HBOC) Article 997, upon execution hereof SUBDIVIDER shall deposit with the City Treasurer the sum of One Hundred Thirteen Thousand Five Hundred and no/100 Dollars, ($113, 500 .00) as prescribed by HBOC Section 9970, which security is given to CITY to insure faithful performance of this Agreement and of all of the conditions of the Tract Map. The deposit may be by corporate surety bond, cash or other approved form of improvement security. All bonds and other forms of deposit shall be approved by the City Attorney prior to their acceptance by CITY. SUBDIVIDER may, during the term of this Agreement, substitute improvement security provided that the substituted security is acceptable to the City Attorney; however, any bond or other security given in satisfaction of this condition shall remain in full force and effect until the work of improvement is finally accepted by -CITY and SUBDIVIDER may be required by CITY to provide a substitute security at any time. 10/6/92 :PDA -3- 5 . INDEMNIFICATION, DEFENSE, HOLD HARMLESS SUBDIVIDER hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to SUBDIVIDER'S employees and damage to SUBDIVIDER' S property, arising directly or indirectly out of the obligations or operations herein undertaken by SUBDIVIDER, including those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. SUBDIVIDER will conduct all defense at -its sole cost and expense. CITY shall be reimbursed by SUBDIVIDER for all costs or attorney' s fees incurred by CITY in enforcing this obligation. 6 . WORKERS' COMPENSATION INSURANCE Pursuant to California Labor Code §1861, SUBDIVIDER acknowledges awareness of §3700 et seq. of said code, which requires every employer to be insured against liability for workers ' compensation; SUBDIVIDER covenants that it will comply with such provisions prior to commencing performance of the work hereunder. SUBDIVIDER shall maintain Workers' Compensation Insurance in an amount . of not less than One Hundred Thousand Dollars ($100, 000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100, 000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. 10/6/92:PDA -4- SUBDIVIDER shall require all subcontractors to provide such Workers ' Compensation Insurance for all of the subcontractors ' employees . SUBDIVIDER shall furnish to CITY a certificate of waiver of subrogation under the terms of the Workers ' Compensation Insurance and SUBDIVIDER shall similarly require all subcontractors to waive subrogation. 7. INSURANCE SUBDIVIDER shall carry at all times incident hereto, on all operations to be performed hereunder, general liability insurance, including coverage for bodily injury, property damage, products/completed . operations, and blanket contractual liability. Said insurance shall also include automotive bodily injury and property damage liability insurance. All insurance shall be underwritten by insurance companies in forms satisfactory to CITY for all operations, subcontract work, contractual obligations, product or completed operations and all owned vehicles and non-owned vehicles . Said insurance policies shall name the County of Orange, the CITY and its officers, agents and employees, and all public agencies as determined by the CITY as Additional Insureds . SUBDIVIDER shall subscribe for and maintain said insurance in full force and effect during the life of this Agreement, in an amount of not less than One Million Dollars ($1, 000, 000) combined single limit coverage. If coverage is provided under a form which includes a designated aggregate limit, such limit shall be no less than One Million Dollars ($1,000, 000) . In the event of aggregate coverage, SUBDIVIDER shall immediately notify CITY of any known depletion of aggregate limits . 10/6%92:PDA -5- SUBDIVIDER shall require its insurer to waive its subrogation rights against CITY and agrees to provide certificates evidencing the same. 8. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, SUBDIVIDER shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by Sections 6 and 7 herein; said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not be cancelled or modified without thirty (30) days prior written notice to CITY. SUBDIVIDER shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by SUBDIVIDER under Section 5 of this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. SUBDIVIDER shall pay; in a prompt and timely manner, the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to each of SUBDIVIDER'S insurance policies, naming the CITY, its officers and employees as . Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 10/6/92 :PDA -6- 9 . ENTIRETY This agreement contains the entire agreement between the parties-. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written: SUBDIVIDER: CITY OF HUNTINGTON BEACH: SEACLIFF PARTNERS a California General Partnership Mayor By: UWC-Seacliff, L.P. a California Limited Partnership a General Partner ATTES By: UWC Seacliff Land Corp. a California corporation City Clerk General Partner APPROVED AS TO FORM: By: City Attorney P„Q Its: C6_J7/ 6-6 -9Z By: k s : By: PACIFIC COAST HOMES, INC. a California corporation General Partner By: Its : y r ��e By: l its : REVIEWED AND APPROVED: INITI TED TND+. LV;EV n Ci Administrator Director of Public Works 10/6/92 :PDA -7- ;, , CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK December 10, 1992 Paciric Coast Homes 2124 Main Street, #200 Huntington Beach, CA 92648 Gentlemen: The City Council of Huntington Beach, at its regular meeting held Monday, December 7 1992 - approved the Subdivision Agreement for Tract No. 14319 . We are enclosing herewith a duly executed copy for your files. Sincerely, Connie Brockway City Clerk CB: bt Enclosure (Telephone:714-536-5227)