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HomeMy WebLinkAboutFinal Tract Map No. 14320 Pacific Coast Homes SW Corner 1 a� Recording requested by, ---- and when recorded return to: ,Recoraea in the county or orange, cai irornia Gary L. Granville, I IIIIIclerk/Recorder Connie Brockway, City Clerk IIIIIIIIIIIIIIIIIIIIIIIIIilllllllllllllllllllllllllllll No Fee Office of the City Clerk 19980698281 04;30PM 10/15/98 CITY OF HUNTINGTON BEACH 005 26016811 26 64 P.O. Box 190-2000 Main Street A04 1 6.00 0.00 0.00 0.00 0.00 0.00 Huntington Beach,Ca. 92648 (Space above this line for Recorder's use only) ACCEPTANCE OF PUBLIC IMPROVEMENTS (Huntington Beach Municipal Code Section 255.22) PLEASE TAKE NOTICE THAT on 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. 14320. Public improvements constructed consist of paving, curbs, gutters, sidewalks, driveways, cross gutters, wheelchair ramps, street lights, sewer and water lines with appurtenances within Veering Circle, a 300 foot long public street. Additional improvements,within 17th street, the perimeter street adjacent to the tract boundary, consist of paving, curbs and gutters, sidewalks, street lights, cross gutter and tree wells. 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 31873 / •� by: City Engineer Tax-Exempt-Government•AgencyG CITY OF HUNTINGTON BEACH APPROVED AS TO FORM: Connie Brockway,City Clerk B h / 7 ,,,,// Deputy City Clerk �✓ City Attorney 0/ 1 The meeting adjourned to Wednesday, August 6, 1997 at 7:30 a.m., Pacific-B Room, Waterfront Hilton, 21100 Pacific Coast Highway, Huntington Beach, California. /s/Connie Brockway City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California ATTEST: /s/Connie Brockway /s/ Ralph Bauer 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 4th day of August, 1997. Witness my hand and seal of the said City of Huntington Beach this 3rd day of September, 1997. /s/ Connie Brockway City Clerk and ex-officio Clerk of the City Council of the City-of Huntington Beach, California B Dep ity Clerk (11) 08/04/97 - Counciltncy Agenda - Page 11 E-8. (City Council) Tract No. 14662 - Substitution Of Bonds And Subdivision Agreement- Greystone Homes. Inc. (Former Developer: Seacliff Partners) - w/s Huntington Street - n/o Main Street (420.60) 1. Release Seacliff Partners Subdivision Agreement and Bond Nos. 11141536091, 11141536083, the securities furnished for Faithful Performance, Labor and Material and Monuments respectively; 2. accept Greystone Homes, Inc. Subdivision Agreement and Bond Nos. 11127333216, 11127333224 (American Insurance Company), the securities furnished for Faithful Performance, Labor& Material, and Monuments Bonds respectively, and instruct the City Clerk to execute the Subdivision Agreement and file the bonds with the City Treasurer; and 3. instruct the City Clerk to notify the developer, Seacliff Partners of this action, and the City Treasurer to notify the bonding company of this action. Submitted by the Public Works Director [Approved 7-01 E-9. (City Council) Tract No. 14320 - Pacific Coast Homes -w/17th Street-s/Adams Avenue - Guarantee &Warranty Bond Release (420.60)- 1. Release Guarantee and Warranty Bond No. 8687-W; the security furnished for guarantee and warranty 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 company of this action. Submitted by the Public Works Director [Approved 7-0] E-10. (City Council) Resolution No. 97-53 -Adopting Capital Improvement Programs For The Years 1997/98 Through 2003/2004 For Compliance With Measure M Requirement (320.40)- Adopt Resolution No. 97-53- "A Resolution of the City Council of Huntington Beach, Adopting Capital Improvement Program for the Years 1997/1998 Through 2003/2004 for Compliance with Measure M." Submitted by the Public Works Director (Hoover/Gothard Streets Extension, McFadden Avenue to Bolsa Avenue); (Beach Boulevard widening s/e corner at Edinger Avenue); (Garfield Avenue Widening, Delaware Street to Safe Harbor Lane); (Ward Street Widening, s/Garfield Avenue); and (Heil Avenue Widening, Beach Boulevard to Delaware Street, Phase II and Phase III.) [Adopted 7-0] (11) 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: 9 9 TO: ATTENTION: Name DEPARTMENT: Stre 7 /L a� REGARDING:-� czra� �p 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 Page Agreement Bonds Insurance RCA Deed Other Remarks: CC: ✓ / y— e Department� RCA i Agreement Insurance Other / N /Lf_'ar}� Department RCA Agreement Insurance Other 1\Naamm1'e Department RCA Agreement Insurance Other Risk Management Department Insurance Copy G:Fol IQwup'agrmts-'transltr (Telephone: 714.536-5227) Council/Agency Meeting Held: Deferred/Continued to: 0"Approved ❑ Conditionally Approved ❑ Denied fQtp4 City ClerIEs Signature Council Meeting Date: August 4, 1997 Department ID Number: PW 97-060 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrator PREPARED BY: " LES M. JONES II, Director of Public Work` hp SUBJECT: GUARANTEE & WARRANTY/SECURITY RELEFE-Tract . 14320 Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachments Statement of Issue: One year has elapsed since the acceptance of improvements for Tract No. 14320 located on the west side of 17th St., south of Adams Ave. 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. 8687- W; 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. R UEST FOR COUNCIL ACTIA MEETING DATE: August 4, 1997 DEPARTMENT ID NUMBER: PW 97-060 Analysis: The City Council, on February 6, 1995, accepted the improvements constructed and dedicated for public use within Tract No. 14320 and accepted Guarantee and Warranty Bond No. 8687-W; 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 less than one year. 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: West side of 17th St., south of Adams.Ave. Lots: 8 Acreage: 1.99 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 0026445.01 -2- 07/10/97 4:41 PM ATTACHMENT 1 CITY OF HUNTINGTON BEACH VLV 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. 14320 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. 44 411_0 �r Connie Brockway, CMC City Clerk Enclosures: Acceptance of Public Improvements for Tract No. 14320 CB:cc (Telephone:714-536-5227) y Recording requested by, and when recorded return to: Connie Brockway, City Clerk Office of the City Clerk CITY OF HUNTINGTON BEACH P.O.Box 190 - 2000 Main Street Huntington Beach, Ca. 92648 (Space above this line for Recorder's use only) ACCEPTANCE OF PUBLIC IMPROVEMENTS (Huntington Beach Municipal Code Section 255.22) PLEASE TAKE NOTICE THAT on 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. 14320. Public improvements constructed consist of paving, curbs, gutters, sidewalks, driveways, cross gutters, wheelchair ramps, street lights, sewer and water lines with appurtenances within Veering Circle, a 300 foot long public street. Additional improvements, within 17th street,the perimeter street adjacent to the tract boundary, consist of paving, curbs and gutters, sidewalks, street lights, cross gutter and tree wells. This document is so!ely 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 31873 by: City Engineer r Tax-Exempt-Government Agency &G CITY OF HUNTINGTON BEACH APPROVED AS TO FORM: Connie Brockway,City Clark D ,,/ 6 • 1/ City Attorney � '�,i5l8 Deputy City Clerk CP 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. 14320 -APPROVED - PACIFIC COAST HOMES. - 17TH STREET S/ADAMS -Accepted improvements constructed and dedicated for public.use in Tract No. 14320, released Faithful Performance Bond No. 8687, Labor and Material Bond No. 8687 and Monument Bond No. 8688; retained Guarantee and Warranty Bond No. 8687-W; 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 Request for City Council Action February 6, 1995 Submitted to : Honorable Mayor and City Council Submitted by: Michael T. Uberuaga, City Administrator Prepared by: Les M. Jones II, Director of Public Works i��� APPROVED BY CITY COUNCI Subject: NOTICE OF COMPLETION; TRACT NO. 14320 0 a — 19L tit M940 fI Y CL 32K Consistent with Council Policy? [X] Yes [ ] New Policy or Excel Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: OZd1� STATEMENT OF ISSUE: Pacific Coast Homes has completed all required public improvements for Tract No. 14320 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. 14320; And, 2. Release Faithful Performance Bond No. 8687, Labor and Material Bond No. 8687 and Monument Bond No. 8688; And, 3. Retain Guarantee and Warranty Bond no. 8687-W; 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 March 3, 1993, approved Final Map No. 14320, and accepted a bond for faithful performance, labor and material, monuments, and guarantee and warranty. 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 within Veering Cir., a 300 foot long public street. Additional improvements, within 17th St., the perimeter street adjacent to the tract boundary, consist of paving, curbs and gutters, sidewalks,.street lights, cross gutter and tree wells. J r Request for City Council Action Tract No. 14320 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 remain in effect for one year after acceptance of the public improvements. 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: 17th Street southerly of Adams Ave. Lots: 8 Acreage: 1.99 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 MTU/RS/LMJ/BPC:bpc —r NOT TO SCALE H.B. HIGH SCHOOL O z Q L 0 co �Q �O O a -16�'�i S ATTACHMENT NO. 1 TR . 14320 LOCATION MAP CITY OF HUNTINGTON BEACH FOB DEPARTMENT OF PUBLIC WORKS g:\crosbAtr_14320.dwg alit Y� STATEMENT OF ACTION OF THE CITY COUNCIL Council Chamber, Civic Center Huntington Beach, California Monday, August 4, 1997 A videotape recording of this meeting is on file in the Office of the City Clerk. The regular meeting of the City Council and the Redevelopment Agency of the City of Huntington Beach was called to order at 5:00 p.m. CITY COUNCIUREDEVELOPMENT AGENCY ROLL CALL PRESENT: Julien, Harman, Dettlloff, Bauer, Sullivan, Green, Garofalo ABSENT: Consent Calendar- (Items Approved) On motion by Dettloff, second Green, the following item was approved as recommended by the following roll call vote: AYES: Julien, Harman, Dettloff, Bauer, Sullivan, Green, Garofalo NOES: ABSENT: E-9. (City Council) Tract No. 14320 - Pacific Coast Homes -w/17th Street -s/Adams Avenue - Guarantee &Warranty Bond Release (420.60)- 1. Release Guarantee and Warranty Bond No. 8687-W; the security furnished for guarantee and warranty 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 company of this action. Submitted by the Public Works Director NOT TO SCALE C H.B. HIGH SCHOOL o Z DJF O�. o C� a � � s ATTACHMENT NO. 1 T R . 14320 LOCATION MAP CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS g:\crosby\tr_14320.dwg -u 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. 14320 -APPROVED - PACIFIC COAST HOMES. - 17TH STREET S/ADAMS -Accepted improvements constructed and dedicated for public use in Tract No. 14320, released Faithful Performance Bond No. 8687, Labor and Material Bond No. 8687 and Monument Bond No. 8688; retained Guarantee and Warranty Bond No. 8687-W; 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 ity Clerk Request for City Council Action February 6, 1995 Submitted to : Honorable Mayor and City Council Submitted by: Michael T. Uberuaga, City Administrator Prepared by: Les M. Jones II, Director of Public Works �F APPROVED BY CITY COUNCI Subject: NOTICE OF COMPLETION; TRACT NO. 14320 "9qtrACWLK " 191 Consistent with Council Policy? [X] Yes [ ] New Policy or Excepti V Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: 1500211 STATEMENT OF ISSUE: Pacific Coast Homes has completed all required public improvements for Tract No. 14320 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. 14320; And, 2. Release Faithful Performance Bond No. 8687, Labor and Material Bond No. 8687 and Monument Bond No. 8688; And, 3. Retain Guarantee and Warranty Bond no. 8687-W; 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 March 3, 1993, approved Final Map No. 14320, and accepted a bond for faithful performance, labor and material, monuments, and guarantee and warranty. 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 within Veering Cir., a 300 foot long public street. Additional improvements, within 17th St., the perimeter street 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. 14320 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 remain in effect for one year after acceptance of the public improvements. 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: 17th Street southerly of Adams Ave. Lots: 8 Acreage: 1.99 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 MTU/RS/LMJ/BPC:bpc �r �f IA NOT TO SCALE H.B. HIGH SCHOOL o z Q O � � o o a s ATTACHMENT NO. 1 TR . 14320 LOCATION MAP CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS g:\crosby\tr-14320.dwg NOTICE OF COMPLIANCE WITH CONDITIONS ON TRACT/PARCEL MAP AUTHORIZATION FOR RELEASE FOR RECORDING TO: City Clerk Date: FROM: COMMUNITY DEVELOPMENT Michael C. Adams TRACT NO. 1�� D PARCEL MAP NO. RECREATION & PARK FEES PAID �f4Nly �-F��G�rIOI� OTHER 76v" re-g— c ael C. Adams i NOTICE OF OOLETION WITH CONDITIONS 0•RACTS AUTHORIZATION FOR RELEASE FOR RECORDING TO : CITY CLERK DATE : FROM : PU.BLIC. WORKS DEPARTMENT Bruce Crosby TRACT NO.�/�3Z 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 & Materia ] Bond . . . . . . . Other : Signature CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK March 17, 1993 First American Title Insurance & Trust 114 E. 5th St. Santa Ana, CA 92701 - Attention: Subdivision Officer i RE: Tract Map No. ' 14320 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 Dated2^1 (Telephone:714-536.5227) REQUER FOR CITY COUNCI ACTION March 15, 1993 Date Submitted to: Honorable Mayor and City Council Submitted by: Michael T. Uberuaga, City Administrato Prepared by: Michael Adams, Director, Community Developme Subject: FINAL TRACT MAP 14320 WITH BONDS AND AGREEMENTS — APPROVED BY CITY COUNCIL 3 - /,S' 19.2 Consistent with Council Policy? ] Yes [ ] New Policy or Exceptio EI LLR Statement of Issue, Recommendation, Analysis, Funding Source,Alternative ac ments: STATEMENT OF ISSUE• The final map of Tract No. 14320 (also referred to as Island L within the Seacliff residential area) , located on the southwest corner of Seventeenth Street and Adams Avenue, is being submitted to the City Council for approval. RECOMMENDATION• Motion to: "Approve Final Tract Map No. 14320 and accept the offer of dedication and improvements, and bonds pursuant to the following findings and requirements : " Findings for Acceptance of Map: 1. Final Tract Map No. 14320 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. 8687 b. Labor and Material Bond No. 8687 c. Guarantee and Warranty Bond No. 8687-W. d. Monument Bond No. 8688 P10 5/85 h 3 . Instruct the City Clerk to not affix her signature to the map nor release it for preliminary processing by the County of Orange or for recordation until the following conditions have been complied with: a. A deposit of fees for water, sewer, drainage, engineering and inspections shall be provided; b. A Certificate of Insurance shall be submitted; c. Subdivision Agreement; d. Drainage for the subdivision shall be approved by the Department of Public Works prior to recordation of the final map. 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: Southwest corner of Seventeenth Street and Adams Avenue ACREAGE: 1. 99 AC LOTS: 8 NO. OF UNITS: 8 ZONE: R1-01 GENERAL PLAN: Low Density Residential DISCUSSION• The map has been examined and certified by the Director of Public Works and the Secretary to the Planning Commission as being substantially in accordance with the tentative map as filed with, amended and approved by the Planning Commission. RCA 3/15/93 -2- (6059d) 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. ENVIRONMENTAL STATUS: This action to accept Final Map No. 14320 is exempt from the requirements of the California Environmental Quality Act, Section 15268(b) . On May 6, 1991, the Planning Commission approved Negative Declaration No. 90-28 for the project itself. FUNDING SOURCE: Not applicable. ATTACHMENTS: 1. Area map 2 . Subdivision Agreement 3 . Faithful Performance Bond 4 . Labor and Material Bond 5 . Guarantee and Waranty Bond 6 . Monument Bond MTU:MA:WC: lp RCA 3/15/93 -3- (6059d) AVE I � - Z — 7^ Lu 'Ell I i 1 0 - 3 LF YORKTOWN - AVE. CF_C CF-E PARR ST JAY CR I I j VENICE AVE. ' UTI a AVE. IL I —. CT r __.— _-_ _ 1 __ L I —R -' -- "- --' -- - _ 0::1 TORONTO AVE -- __ �� N15lJJIE di.c I _ 7 _..... — AL SPRINGFIELD AVE DA �• o-,. '�� S .i' .— Z .. RO�A 'a- PC OZ - w a w F----1 r-rr ' ADAMS AVE. FIM FT 14320 J' HUNTINGTON BEACH HUNTINGTON BEACH PLANNING DIVISIOIJ CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK May 19, 1993 Pacific Coast Homes 2124 Main Street, Ste. 200 Huntington Beach, CA 92648 Gentlemen: The City Council of Huntington Beach, at its regular meeting held Monday, March 15, 1993 , approved the Subdivision Agreement for Tract No. 14320 . We are enclosing herewith a duly executed copy for your files. Sincerely, Connie Brockway City Clerk CB: bt Enclosure (Telephone: 714-536.5227) r t '� • • I have received Mnmimpnt, niarantaa & Warranty- and Faithfiil Parfnrmance .Bonds Labor and Material Bond for Traet Nn_ 1412n on behalf of the Treasurer's Office. r :- Dated.' �`7iG. 93 BOND NO.` 8687 PREMIUM., `$1,532.00 FAITHFUL PERFORMANCE BOND WHEREAS, the City Council of the City of Huntington Beach, State of California, and Seacliff Partners, A California General Parntership (hereinafter designed as "Principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated , 19_, and identify as project Tract No.14320 WELL ISLAND "L" , is hereby referred to and made a part hereof;and WHEREAS, Said principal is required under the terms of said agreement to funish a bond for the faithful performance of said agreement. Now, therefore, we, the principal and Pacific States Casualty Company , as surety are held and firmly bound unto the City of Huntington Beach hereinafter called "City", in the penal sum of ONE HUNDRED FIFTY-THREE THOUSAND TWO HUNDRED dollars ($ 153,200.00 ) 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, jiontly 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 truely 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 aand 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 securred 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 ncurred 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 obligation on this bond, and it does hereby waive notice of any such change,extension of time, alteration or addition to the terms of the agreement or to the work or in the specifications. In witness whereof, this instrument has been duly executed by the principal and surety above named, February 5 19 93 _Seacliff Partners,as Principal By: UWC-Seacliff Limited Partner Its General Partner By: UWC-Seacliff Land Corporation Its General Partner By: St en D.Gunther President Pacific States Casualty Companx as Sur ty By: A�/� a William C. Slater, Jr., By: Attorney-in-Fact BOND NO. 8687 The Premium for this Bond is: $1,532.00 APPROVED AS TO FORMi GAIL HUTTOR. City AttOrney, By:, Deputy,City Attorney, 2 - ay— °'3 BOND NO. 8687 PREMIUM. Included LABOR AND MATERIAL WHEREAS, the City Council of the City of Huntington Beach, State of California, and SEACLIFF PARTNERS, A CALIFORNIA GENERAL PARTNERSHIP (hereinafter designed as "Principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated , 19 , and identified as project TRACT NO. 14320 WELL _ ISLAND"L", is hereby referred to and made a part hereof;and WHEREAS,under the terms of said agreement,principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the city of Huntington Beach to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of Civil Code of the State of California. Now, therefore, said principal and the undersigned as corporate surety, are held firmly bound unto the City of Huntington Beach and all contractors, subcontractors, laborers, materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in the sum of SEVENTY SIX THOUSAND SIX HUNDRED dollars($ 76.600.00) 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 resaonable expenses and fees, including reasonable attorney's fees, incurred by "City" in sucessfully enforcing such obligation, to be awarded and fixed by the court, and to be included in the judgement therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with section 3082)of Part 4 of Division 3 of the Civil Code,so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and voil,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 the agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and does hereby waive notice of any such change,extension,alteration or addition. In witness whereof, this instrument has been duly executed by the principal and surety above named, February 5 ► 19_9 _. Seacliff Partners,as Principal By: UWC-Seacliff Limited Partner Its General Partner By: UWC-Seacliff Land Corporation I ts General Partner By: tep n D.Gunther President i Pacific States CasualWCompLan By: William C. Slater, Jr., Attorney-in-Fact By: BOND NO. 8687 The Prem ium for this Bond is: Included APPROVED AS TO FORM: GAIL HUTTON,, City Attorney Bya I2eputy.City Attorney 2 -L4-If:p POWER OF ATTORNEY OF N° 61396 PACIFIC *< STATES CASUALTY COMPANY NOTICE 1.All power and authority herein granted in any event terminate on the 31 st day of December,1993. 2. This Power of Attorney is void if altered or it 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 Attomeyin•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 Attomeyln Fact to make,execute,deliver and acknowledge,for and on behalf of said corporation as surety,bonds,undertakings and contracts of suretyship in an amount not exceeding$1,500,0D0 In any single undertaking;giving and granting unto said Attomey-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as said corporation could do,but reserving to said corporation full power of substitution and revocation; and all of the acts of said Attorney-in-Fact pursuant to these presents,are hereby ratified and confirmed The authority and powers conferred by this Power of Attorney do not extend to any of the following bonds,undertakings or contracts of suretyship: Bank depository bonds,mortgage deficiency bonds,mortgage guarantee bonds. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolution adopted by the Board of Directors of PACIFIC STATES CASUALTY COMPANY,effective as of August 3,1984; RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is authorized to execute Powers of Attorney,qualifying the attorney named in the Powers of Attorney to execute,on behalf of the corporation,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of the corporation be,and each of them hereby is authorized to attest the execution of any such Power of Attorney, RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Powerof Attomey orcertificate bearing such facsimile signatures shall be valid and binding upon the corporation when soaffixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. 1 N WITN ESS W H EREOF,PACs FIC STATES CASUALTY COMPANY has caused these presents to be signed by its President and attested by its Secretary this 4th day of January 1988. 1ES C.18` P ` oP oq+, � ATTEST PACIR CASUALTY COMPANY ro FEB.1, o n 0 �rrFO ��}?aD By By Bruce E.MacKenzie Esther R.Lowy, eta lry 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 rand and official seal. f- OFFICIAL SEAL TANIA SHPARAGA Signature t. NOTAfaY PUBLiC - CALIFORNIA Notary Pu rc LDS ANGELES COUNTY My Comm. expires FEB 1, 1993 CERTIFICATE The undersigned,as Secretary of PACIFIC STATES CASUALTY COMPANY,does hereby certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked:and furthermore,that the provisions of the resolution of the Board of Directors Of said Corporation set forth in the Power Of Attorney,are in force as Of the date of this Certificate. This Certificate is executed in the City of Los Angeles,California,this Sth day of February t98 93 TES C4 SG7 PACIFIC STATES CASUALTY COMPANY y`OPP Oq', o = FEB.7, o n 1942 Jr By r # ' PSC-S-101 9/89 Esther R Lowy.Secretary BOND NO. 8687 w PREMIUM. Inciudbd POWER NUMBER. GUARANTEE AND WARRANTY BOND WHEREAS, Seacliff Partners, a California General Partnership, as a Principal, and Pacific States Casualty Company ,a corporation organized under the laws of the State of California and duly authorized under the laws of the State of California, as Surety, are held and firmly bound unto the CITY OF HUNTINGTON BEACH, California, as Obligee, in the penal sum of Fifteen Thousand Three Hundred Twenty dollars ( $15,320.00 ) , representing 10 percent of the contract price entered into between the Principal and Obligee,to which payment well and truly to be made we do bind ourselves, our and each of our heirs,excutors, administrators,successors and assigns jointly and severily, WHEREAS, the said Principal entered into a contract with said Olbigee,dated for work described as follows: TRACT NUMBER 14320 WELL ISLAND"L" WHEREAS, said contract provides that the Principal will furnish a bond conditioned to guarnatee 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, THERFORE, the Principal and Surety, jointly and severally shall indemnify the Obligee for all loss that the Obligee may sustain by reason of any defective materials or workmanship which become apparent during the period of one year form an after date of completion of work and acceptance thereof by Obligee. SIGNED this 5th day of February , 19 93 . Signatures shall be notarized. Authorized representatives shall be president and vice president or attorney-in-fact owner. Seacliff Partners,as Principal By: UWC-Seacliff Limited Partner Its General Partner - By: UWC-Seacliff Land Corporation Its General Partner BY:� ----_. Stephen D. President Pacific .States Casualty Company,as rety I By: MCA William C. Slater, Jr., Attorney-in-Fact By: BOND NO. 8687 - W The Premium for this Bond is: Included APPROVED AS TO FOR14: GAIL HUTTON..- City Attorney Bya Deputy City Attorney 7 I 2 - Ly-93 •POWER OF ATTORNEY OF N° 61397 PACIFIC STATES CASUALTY COMPANY NOTICE: 1. All power and authority herein granted in any event terminate on the 31 at day of December,1993. 2. This Power of Attorney is void if altered or if any portion is erased. 3. This Power of Attorney is void unless the seal is readable,the text is in black ink the signatures are In red ink and this notice is in red Ink 4.This Power of Attorney should not be returned to the Attomey-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 arnounii not exceeding$1,500,000 in any single undertaking,giving and granting unto said Attorneyin•Fact full power and authority to do and to perform every act necessary,requisite or proper lobe 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 -Fact,pursuant to these presents,are hereby ratified and confirmed. _'ar- The authority and powers conferred by this Power of Attorney do not extend to any of the following bonds,undertakings or contracts of suretyship: Beni 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 Attomey,qualifying the attorney named in the Powers of Attorney to execute,on behalf of the corporation,bonds,undertakings and contracts of suretyship:and that the Secretary or any Assistant Secretary of the corporation be,and each of them hereby is authorized to attest the execution of any such Power of Attorney. RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF,PACIFIC STATES CASUALTY COMPANY has caused these presents to be signed by its President and attested by its Secretary this 4th day of January 1988. 4'tEe C,gG Po oa a+j 4 ATTEST PACIFI CASUALTY COMPANY rG FEB.1. o n By By Bruce E.MacKenzieik, Esther R.Lowy.Skfetsky 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 I_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. OFF1CL SEAL iA TANIA SHPARAGA Signature "��" �� .^ c NOTARY PUBLIC - CALIFORNIA Notary Pu lic LOS ANGELES COUNTY My comm. expires FEB 1, 1993 CERTIFICATE The undersigned.as Secretary of PACIFIC STATES CASUALTY COMPANY,does hereby certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked:and furthermore,that the provisions of the resolution of the Board of Directors of said corporation set forth in the Power of Attorney,are in force as of the date of this Certificate. This Certificate is executed in the City of Los Angeles.California,this 5 th day of February ,i98 93. ♦'AEB C4d.G PACIFIC STATES CASUALTY COMPANY a 4OpP oq+,+r< r r FEB.t, O n tpS2 i By PSC-S-101 9/89 r Esther R Low y.Secretary BOND NO. 8688 PREMIUM. $150.00 MONUMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT, SEACLIFF PARTNERS, A CALIFORNIA GENERAL PARNTERSHIP•as subdivider of Tract No 14320 WELL ISLAND "L"in the City of Huntington Beach,County of Orange, State of California, has submitted to said City a Final Map of said tract containing an engineer's or surveyor's certificate stating that all final monuments will be set in the positions indicated on or before the date specified in said certificate: That said SEACLIFF PARTNERS,A CALIFORNIA GENERAL PARTNERSHIP , (Subdivider) as principal,and Pacific States Casualty Company , as surety, hereby guarantee to the City of Huntington Beach the payment of the cost of setting all such monuments within or in connection with said tract,as are not already set prior to the recorking of said Final Map, in arrordance with said map and said certificate up to but not in excess of the sum of $3,000.00 (THREE THOUSAND AND 00/100 DOLLARS ), in which sum we are held and firmly bound to the City of Huntington Beach, all in accordance with and subject to the terms, conditions and provisions of Article 9, Chapter 4 of the Government Code of the State of California. In witness whereof, this instrument has been duly executed by the principal and surety above named, February 5 , 19 93 Seacliff Partners,as Principal APPROVED AS TO FORM: By: UWC-Seacliff Limited Partner GAIL BUTTON, City Attornoy Its General Partner By:i Deputy City Attorney By: UWC-Seacliff Land Corporation Its General Partner By: Stephen D.Gunther President 3 } Pacific State •Casualty Company a Su y By, J William C. Slater, Jr., By: Attorney-in-Fact i i i r , POWER OF ATTORNEY OF ` N° 61398 PACIFIC STATES CASUALTY COMPANY NOTICE: 1. All power and authority herein granted in any event terminate on the 31st day of December,1993. 2. This Power of Attorney is void if altered or if any portion is erased. 3. This Power of Attorney is void unless the seal is readable,the text is in black ink the signatures are in red ink and this notice is in red ink 4. This Power of Attorney should not be returned to the Attorney-In-Fact,but should remain a permanent part of the obligee's records. KNOW ALL MEN BY THESE PRESENTS,that,except as expressly limited,PACIFIC STATES CASUALTY COMPANY,does,hereby make,constitute and appoint William C. Slater, Jr. the true and lawful Attorney-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporation as surety,bonds,undertakings and contracts of suretyship in an amount not exceeding$1,500,000 in any single undertaking;giving and granting unto said Attorney-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as said corporation could do,but reserving to said corporation full power of substitution and revocation; and all of the acts of said 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 toexecute Powers of Attorney,qualifying the attorney named in the Powers of Attorney to execute,on behalf of the corporation,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of the corporation be,and each of them hereby is authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. I N W ITN ESS W H EREOF,PACI FIC STATES CASUALTY COMPANY has caused these presents to be signed by its President and attested by its Secretary this 4th day of January 1988. 4'tes c48` P re P Oq O PACIFI CASUALTY COMPANY ro FEB.1, o n ATTEST a n tYa2 i By * By Bruce E.MacKenzie Esther R.Lowy.S'611etaVy 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 TANGA Signature `� _ o NOTARY PI B IC P CALIFORNIA Notary Pu lic \ LOS ANGELES COUNTY My comm. expires FEB 1, 1993 CERTIFICATE The undersigned,as Secretary of PACIFIC STATES CASUALTY COMPANY,does hereby certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked;and furthermore,that the provisions of the resolution of the Board of Directors of said corporation set forth in the Power of Attorney,are in force as of the date of this Certificate. This Certificate is executed in the City of Los Angeles,California,this 5th day of February 198--93. �'ots CA, PACIFIC STATES CASUALTY COMPANY 0 y 40pD 04'J'r` r FEB.1, O n 111l2 ! fY 7 �t JD lrFOaN *? By * PSC-S-101 9/89 Esther R.Lowy.Secretary SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND SEACLIFF PARTNERS FOR TRACT NO. 14320 THIS AGREEMENT is entered into this 15th day of March 15� 199 3, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY, " and SEACLIFF PARTNERS, a California general partnership, hereinafter referred to as . "SUBDIVIDER. " RECITALS WHEREAS, SUBDIVIDER is the owner of a tract of land in CITY, which it is seeking to subdivide into lots and to dedicate certain streets, alleys, and other improvements therein to public use, and is about to file with CITY a map of the tract of land known as Tract No. 14320; 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 12/11/92 : sg -1- (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 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 as 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, 12/11/92 : sg -27 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. 3 . GUARANTEE SUBDIVIDER shall guarantee all work and material required to fulfill its obligation as stated herein for a period of one year (1) 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 Fifty Three Thousand Two Hundred Dollars ($153,200) 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 maybe 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 12/11/92 : sg -3- l 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 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 Section '1861, SUBDIVIDER acknowledges awareness of Section 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 12/11/92 : sg -4- disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. 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 12/11/92 : sg -5- Dollars ($1, 000, 000) . In the event of aggregate coverage, SUBDIVIDER shall immediately notify CITY of any known depletion of aggregate limits . 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. 12/11/92 : sg -6- 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 . ENTIRETY The foregoing represents 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 municipal corporation A California General Partnership By: UWC-Seacliff, L.P. "d a California Limited Partnership Mayor ` Its General Partner By: UWC Seacliff Land Corporation a California Corporation eneral Parnter ATTEST: e D. u :her Pre 2;�� ,w- lenn Cardoso City Clerk Nice President APPROVED AS TO FORM: By Pacific Coast Homes a California Corporation Its General Partner City Attorney By 4iob 5�President C. ice, Vice-President REVIEWETD ',N °RVVR nt Secretary INI tIATEDAND 4PPjROVED: d OW Cit Administrator Director of Public Works 12/11/92 : sg -7- SHEET. 1'.OF-,'I\\ TENTATIVE MAP ` TRACT NO. 14320 Q IL \ _ _ IN THE CITY OF HUNTINGTON BEACH, sEer'nw <r-,o — ! COUNTY OF ORANGE, STATE OF CAUFORNIA A' Po@RON e<PaRCLL T d ORL Cm Or RUN}INGTDN DLACTt.COUNTY 01 ORANGE,RATE O1 1 CAID'ORNY.V R.O.7 ON A YAP I050RDLD d 800[b.PAGE a0 OT PY[LH YAPS. A '.'•_. 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'g'STREET•ar SE— cm or RURTINCTON—H }., :.1.,,.., , _ \ .. !.. - d W �.^ ••«:.... ♦ +71 ZEECIWC'. 40VTIILRN LAllroloRl EE O COYPAPT . -......,, :'. � Y _� c; 1 ��._ Imo• ... .. . 4'P . . .>• i , 'e� \ 2'P.U.C. 1 `— 2'P.U.E. 7liO3. - � �YP55 � la ... .•i _--�-7�__ 17TH STRE4F�T�(EXI TING) i�se T r • +^",A -� ,,,•n„• ' `. . ♦ - ,u„ � OC333.a CR 9 IC Tla-De0-aOe1 Y[m0 ' +d( .;" I NVNTINGTON fJ R2eb tAJRVdENT NOT I ORLC01CmCHe. TE G D00[ .PAGE A Om 1 PAGE EPOPP— pUpUry'�p1 Y �f A940LlATL3 C` L120 YAER eTRtR eVR[Leo e01L[ORW Rem[IO OY N NOXAR•RIGXT Of NAY AGRC[YLNT PER EReTRV11LYI 1 HUITINGTDN BLACX,CA LPeae dVIN[.Cl DTIa 0.eL-310ae0,TCIW,NATION u..a YONTR NOTC[.' � Tla-oee-aOOT a-ee0-0110 1 I EN A I .�NNm "Jr••�••�.�•. `� I+!I .w'y,,. ntn 'TENTATIVE MAP ssoclnTes A—ARA REAER TRACT NO. 14320 RFARE w-.AIUN.ASExu¢s _. n/1+ ��A ,Aac<,r7 Gt,.tea.a-,..A�v _ !`•' PACIFIC COAST HOMESREVISIONS , HUNTINGTON BEACH, CA r,1sf« 1.0e«-274-1 INSURANCE Ib7UC U1A I1L-I93V'' 0'•". CERTIFICAT 5- / PRObUCER THIS CERTIFICATE IS ISSUED ASIWATTER Of INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE SANDLIN & ASSOC. INS. AGENCY,I LDQES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDEQ BY THE HALLMARK ASSOCIATES INS. SERVI LILIES BELOW . O1 BOX 769 COMPANIES AFFORDING COVERAGE DOWN> Y, CA. 90241 __ i COMPANY LE17ER A SAFECO INSURANCE• I ._ j . .• •. JOINT COMPANY 8 INSURANCE COMPANY OF THE STATE OF •..............._.__.._.._�..__. ,....._...�1 LETTER Iriu �pSEACLIFF PARTNERS, A JOINT VEN �,.__...........:.............._-PENNSYLVAN IA,..w....----__'._......_..____..._..._._...........,:.......... . . TURF OF PACIFIC COAST HOMES AND COMPANY r LETTER UR$AI4 WEST COMMUNITIES RELIANCE INSURANCE -. •, . „..,_....................._......_... 52b 9ROADWAY, SUITE 100 C _ COMPANv SANTA MONICA, CA. 90401 I LerTER I COMPANY E i LETTER .r THIS IS t0 ORTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE SEENISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REOUTAEMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS ERTIFICATE'MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 15 SUBJECT TO ALL THE TERMS, hxuLUSIUNS'ANU UUNUIITUNS Uh SUUM NULIUMS.LIMI17 SMUWN MAY MAVt t1ttN MtUUI.tU tlT rAIU dLAIMS. CO I (POLICY EFFECTIVE POLICY EIfPIRATION; TR typE dF INSURANCE i POLICY NUMBER I DATE(MMIDDIYY) GATE(MMIDDIYY) LIMITS O£NERAL LIABILITV GENERAL A001`1E0ATE 111 QQQ Q Q Q �X COM)AEpCIIAL OENERAL LIABILITY :PRODUCTS COMPlOP A00. E 1 Q Q p 0 0 0 A _ I � XX CP 806213 04-01-93 04-01-94 _,.. _._._..........AD ... . ..,. .,. ......,..., .. t CLAIMS MADE OCCUR. PER64NAL 8 ADV.INJURY = 1 /Q Q +0 Q d OWNER'S A CONTRACTOR'S PROT.. 'EACH OCCURRENCE f 1 QQQ Q Q i FIRE DAMAGE(Any one tire) -I_.—...._ MED.EXPENSE(My One person) I510001 AUTOMOBILE LIABILITY ANY AUTO( i COMBINED SINGLE j LIMIT ALL OWNdO AUTOS APPROVED AS TO j+'ORM: 1 ....._,_.,...._.. ... ... .. . . ....._.._... ..... ........ J nip 806ILY INJURY I SdHEDULED AUTOS GAIL HUTT- - j (per person) ,s I HIAED AU 08 By -----...—. BODILY INJURY i .. NdN OWN 0 AUTOS (Per UtIdent)— GARAGE ABILITY --- .:+ / <' PROPERTY DAMAGE £ O(CESS LIABILIYV ' EACH OCCURRENCE Is Q J --......._.......... .... .. ........ —_... Q..,_........._......,.. 0 UMSpEr•LA FOAM I I B XX 4292-66 04-01-93. 04-01-94 AOOREQATE w - : I0.,000.,0.0 OTH6 THAN UMBRELLA FORM Q-) WbRlt£R'�COMPENSATION / I STATUTORY LIMITS .A : W(' R(1R213 i �� ,09-3Q-92 .09-34—� EACNA.CCIDENT 1,O001000 Anv1 !DISEASE—POLICY LIMIT _ EMPLOYERs'LIABILITY r I 1,,0.0 d,,0 0 0_ 'DISEASE—EACH EMPLOYEE OTHER C DUILDERS RISK—SPEC 3 $7,500,000. LMT OF INS. 1IAL 'OF�M—ALL RISK- 4M 4 a�:c�' `' O1—Q1-9�3: 01-01-94 ' . $5,000. DEDUCTIBLE )ZEPLACOMENT VALUA— DES I • Of OOERATIONSILOCA IONSlVEHICLES/SPE ITEMS ' CERTIFICATE HOLDER NAME AS ADDITIONAL I�T�11ESPECT R t7WI� ESPECT TO LIABILITY •ARISINGIOUT OF INSURED 'S OPERATIONS, WITH` TO ANY PROJECT OF EACLIF'F PARTNERS. ,., CERTIFICATE HOLDER -. :. .'�:•:'.'.•'•'� CANCELLATION I . SHOULD ANY OF THE A13OVE DESCRIBED POLICIES 8E CANCELLED BEFORE THE ATTN: DENNIS COULTER EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL Kx",,8Kyfsx CITY OF HUNTINGTON BEACH MAIL 3.Q_DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE 2000 MAIN STREET LEFT}IgXiCXr�XiYiT {e �ClIfbKH ]i�€} K}4 .�xiXa� ` tX HUN'IINCTON BEACH, CA. 92648 XD=xxl6xx )m-% tl?dr }0MMV9X*X6*XKX*X'XK AUTHORIZED ASWfSENT T E t'e A06AD 2S $ (7/90) , ,y;,, ti _ , , I�qCOAD CORPORATION t9 `r 11 L I (IF..-1I —'.I II`:: A '-0 i. . BOND NO. 8688 PREMIUM. i' $150.00 MONUMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT, SEACLIFF PARTNERS, A CALIFORNIA GENERAL PARNTERSHIP.as subdivider of Tract No 14320 WELL ISLAND "L"in the City of Huntington Beach,County of Orange, State of California, has submitted to said City a Final Map of said tract containing an engineer's or surveyor's certificate stating that all final monuments will be set in the positions indicated on or before the date specified in said certificate: That said SEACLIFF PARTNERS,A CALIFORNIA GENERAL PARTNERSHIP , (Subdivider) as principal,and Pacific States Casualty Company , as surety, hereby guarantee to the City of Huntington Beach the payment of the cost of setting all such monuments within or in connection with said tract,as are not already set prior to the recorking of said Final Map, in arrordance with said map and said certificate up to but not in excess of the sum of $3,000.00 (THREE THOUSAND AND 00/100 DOLLARS ), in which sum we are held and firmly bound to the City of Huntington Beach, all in accordance with and subject to the terms, conditions and provisions of Article 9, Chapter 4 of the Government Code of the State of California. In witness whereof, this instrument has been duly executed by the principal and surety above named, February 5 . 19 93 , Seacliff Partners,as Principal APPROVED AS TO FORM: By: UWC-Seacliff Limited Partner GAIL BUTTON.,, City Attorney Its General Partner By:i Deputy City Attorney By: UWC-Seacliff Land Corporation Its General Partner k By: Stephen D.Gunther President Pacific State Casualty Company a Su y J I By: I William C. Slater, Jr.. By: Attorney-in-Fact I i I POWER OF ATTORNEY OF PACIFIC 0 N° _ 61398 STATES CASUALTY COMPANY NOTICE: 1. All power and authority herein granted in any event terminate on the 31 at day of December,1993. 2. This Power of Attorney is void if altered or if any portion is erased. 3. This Power of Attorney is void unless the seal is readable,the text is in black ink,the signatures are in red ink and this notice is in red ink 4-This Power of Attorney should not be returned to the Attorney-In-Fact,but should remain a permanent part of the obligee's records. KNOW ALL MEN BY THESE PRESENTS,that,except as expressly limited,PACIFIC STATES CASUALTY COMPANY,does,hereby make,constitute and appoint William C. Slater, Jr. the true and lawful Attorney-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporation as surety,bonds,undertakings and contracts of suretyship in an amount not exceeding$1,500,000 in any single undertaking;giving and granting unto said Attorney-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as said Corporation could do,but reserving to said corporation full power of substitution and revocation; and all of the acts of said 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 isauthorized 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 signaturesshall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN W ITN ESS WHEREOF,PACIFIC STATES CASUALTY COMPANY has caused these presents to be signed by its President and attested by its Secretary this 4th day of January 1988. 4'tE8 cos, ft oaF oq+r ATTEST PACIFI CASUALTY COMPANY =4 FEB.1. o n By • By Bruce E.MacKenzie Esther R.Lowy,Se eta STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) On September 5,1989,before me,the undersigned,a Notary Public in and for said State,personally appeared Bruce E.MacKenzie and Esther R.Lowy,personally known to me(or proved to me on the basis of satisfactory evidence)to be the persons who executed the within instrument as President and Secretary on behalf of Pacific States Casualty Company,the corporation therein named,and acknowledged to me that the corporation executed it WITNESS my hand and official seal. OFFICIAL SEAL /O���J ✓ a TANIA SHPAfiAGASignature _ N07ARY PUBLIC - CALIFORNIANotary Pu lic � LOS ANGfLES COUfrTY My comm. expires fE9 1, 1993 CERTIFICATE The undersigned,as Secretary of PACIFIC STATES CASUALTY COMPANY,does hereby certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked:and furthermore,that the provisions of the resolution of the Board of Directors of said corporation set forth in the Power.of Attorney,are in force as of the date of this Certificate. This Certificate is executed in the City of Los Angeles,California,this 5th day of February ` r1ES C4aG PACIFIC STATES CASUALTY COMPANY 4CO oopvoR ? FEB.1, O n 0 n+ IN2 `r D t�Fopp }�,a By PSC-S-101 9/89 Esther R.Lowy,Secretary BOND NO. 8687',- w ;t PREMIUM.` 1 Included POWER NUMBER. GUARANTEE AND WARRANTY BOND WHEREAS, Seaciiff Partners, a California General Partnership, as a Principal, and Pacific States Casualty Company ,a corporation organized under the laws of the State of California and duly authorized under the laws of the State of California, as Surety, are held and firmly bound unto the CITY OF HUNTINGTON BEACH, California, as Obligee, in the penal sum of Fifteen Thousand Three Hundred Twenty dollars ( $15,320.00 ) representing 10 percent of the contract price entered into between the Principal and Obligee,to which payment well and truly to be made we do bind ourselves, our and each of our heirs,excutors, administrators,successors and assigns jointly and severlly, WHEREAS, the said Principal entered into a contract with said Olbigee,dated for work described as follows: TRACT NUMBER 14320 WELL ISLAND"L" WHEREAS, said contract provides that the Principal will furnish a bond conditioned to guarnatee 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, THERFORE, the Principal and Surety, jointly and severally shall indemnify the Obligee for all loss that the Obligee may sustain by reason of any defective materials or workmanship which become apparent during the period of one year form an after date of completion of work and acceptance thereof by Obligee. SIGNED this 5th day of '4 February , 19 93 . Signatures shall.be notarized. Authorized representatives shall be president and vice president or attorney-in-fact owner. Seacliff Partners,as Principal By: UWC-Seacliff Limited Partner Its General Partner By: UWC-Seacliff Land Corporation Its General Partner By: Aiia —� Stephen D. President Pacific .States Casualty Company,as rety i By: William C. Slater, Jr., Attorney-in-Fact By: BOND NO. 8687 - W The Premium for this Bond is: Included APPROVED AS TO FORM: i GAIL HUTTON..• City Attorney By:i Deputy Clty Attorney 7 ' 2 - zy-9g ,s POWER OF ATTORNEY OF . � � N° _ 6139'7 PACIFIC STATES CASUALTY COMPANY NOTICE: 1. All power and authority herein granted in any event terminate on the 31 st day of December,1993. 2. This Power of Attorney is void if altered or if any portion is erased. 3. This Power of Attorney is void unless the seal is readable,the text is in black ink the signatures are in red ink and this notice Is in red Ink. 4. This Power of Attorney should not be returned to the Attorney-In-Fact,but should remain a permanent part of the obligee's records. KNOW ALL MEN BY THESE PRESENTS,that,except as expressly limited,PACIFIC STATES CASUALTY COMPANY,does,hereby make,constitute and appoint William C. Slater, Jr. the true and lawful Attorney-In-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporation as surety,bonds,undertakings and contracts of suretyship In an amount not exceeding$1,500,000 in any single undertaking;giving and granting unto said Attorney-In-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as said corporation could do,but reserving to said corporation full power of substitution and revocation; and all of the acts of said 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 toexecute Powers of Attorney,qualifying the attorney named in the Powers of Attorney to execute,on behalf of the corporation,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of the corporation be,and each of them hereby is authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF,PACIFIC STATES CASUALTY COMPANY has caused these presents to be signed by its President and attested by its Secretary this 4th day of January 1988. 4Ptes cqa& vo oP a+r ATTEST PACIFI CASUALTY COMPANY r4 FEB.1, o n n+ 19B. r D 1rFonN�'?� By By Bruce E.MacKenzie Esther R.Lowy,SkretAy STATE OF CALIFORNIA ) SS. COUNTY OF LOS ANGELES ) On September 5,1989,before me,the undersigned,a Notary Public in and for said State,personally appeared Bruce E MacKenzie and Esther R.Lowy,personally known to me(or proved to me on the basis of satisfactory evidence)to be the persons who executed the within instrument as President and Secretary on behalf of Pacific States Casualty Company,the corporation therein named,and acknowledged to me that the corporation executed it WITNESS my hand and official seal. OFFICIAL SEAL TANIA IC - C AGA Signature _//� " c NOTARY PUBLIC - CALfFORNfA Notary Pu lic ( LOS ANGELES COUNTY My catnm. expires FEB 1, 1993 CERTIFICATE The undersigned,as Secretary of PACIFIC STATES CASUALTY COMPANY,does hereby certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked;and furthermore,that the provisions of the resolution of the Board of Directors of said corporation set forth in the Power of Attorney,are in force as of the date of this Certificate. This Certificate is executed in the City of Los Angeles,California,this 5th day of February ,198 93. 4''es CA&& PACIFIC STATES CASUALTY COMPANY U W 2 FEB.1, C n d1992 ' L 1rFopN�By r PSC-S-101 9/89 Esther R.Lowy,Secretary BOND NO.' 8687 PREMIUM $1.532.00 FAITHFUL PERFORMANCE BOND WHEREAS, the City Council of the City of Huntington Beach, State of California, and Seaciiff Partners, A California General Parntership (hereinafter designed as "Principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated , 19_, and identify as project Tract No.14320 WELL ISLAND "L" , is hereby referred to and made a part hereof;and WHEREAS, Said principal is required under the terms of said agreement to funish a bond for the faithful performance of said agreement. Now, therefore, we, the principal and Pacific States Casualty Company , as surety are held and firmly bound unto the City of Huntington Beach hereinafter called "City", in the penal sum of ONE HUNDRED FIFTY-THREE THOUSAND TWO HUNDRED dollars ($ 153,200.00 ) 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, jiontly 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 truely 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 aand 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 securred 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 ncurred 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 The surety hereby stipulates-and agrees ;that no change, extension of time, alteration or addition to the terms of the agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and does hereby waive notice of any such change,extension,alteration or addition. In witness whereof, this instrument has been duly executed by the principal and surety above named, February 5 , 19_9L. Seacliff Partners,as Principal By: UWC-Seacliff Limited Partner Its General Partner By: UWC-Seacliff Land Corporation Its General Partner By: Step n D.Gunther President i 21�& i Pacific States Casualty CompanK as Sur By: William C. Slater, Jr., Attorney-in-Fact By: BOND NO. 8687 The Premium for this Bond is: Included APPROVED AS TO FORM: GAIL RUTTON.,, City Attorney I By,g I2eputty.City Attorney ' 2-2-4 I t y • BOND NO. 8687 PREMIUM. Included LABOR AND MATERIAL WHEREAS, the City Council of the City of Huntington Beach, State of California, and SEACLIFF PARTNERS, A CALIFORNIA GENERAL PARTNERSHIP (hereinafter designed as "Principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated , 19 , and identified as project TRACT NO. 14320 WELL ISLAND "L", is hereby referred to and made a part hereof;and WHEREAS,under the terms of said agreement,principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the city of Huntington Beach to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of Civil Code of the State of California. Now, therefore, said principal and the undersigned as corporate surety, are held firmly bound unto the City of Huntington Beach and all contractors, subcontractors, laborers, materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in the sum of SEVENTY SIX THOUSAND SIX HUNDRED dollars ($ 76.600.00 ) 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 resaonable expenses and fees, including reasonable attorney's fees, incurred by "City" in sucessfully enforcing such obligation, to be awarded and fixed by the court, and to be included in the judgement therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commemcing 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 voil, otherwise it shall be and remain in full force and effect. thereunder or the specifications accompanying the same shall.in anywise affect its obligation on this bond, and it does hereby waive notice of any such change,extension of time, alteration or addition to the terms of the agreement or to the work or in the specifications. In witness whereof, this instrument has been duly executed by the principal and surety above named, February 5 19 93 Seacliff Partners,as Principal By: UWC-Seacliff Limited Partner Its General Partner By: UWC-Seacliff Land Corporation Its General Partner By: St en D.Gunther President Pacific States Casualty Company as Sur ty By: William C. Slater, Jr., By: Attorney-in-Fact BOND NO. 8687 The Premium for this Bond is: $1,532.00 APPROVED AS TO FORM:1 GAIL RUTTON.v City.Attorney. By:i Deputy.City Attorney, 2 _Zy_«3 POWER OF ATTORNEY OF No 61396 PACIFIC STATES CASUALTY COMPANY NOTICE: 1. All power and authority herein granted in any event terminate on the 31 at day of December,1993. 2. This Power of Attorney is void if altered or if any portion is erased. 3. This Power of Attorney is void unless the seal is readable,the text is in black ink,the signatures are in red ink and this notice is in red ink 4. This Power of Attorney should not be returned to the Attorney-In-Fact,but should remain a permanent part of the obligee's records. KNOW ALL MEN BY THESE PRESENTS,that,except as expressly limited,PACIFIC STATES CASUALTY COMPANY,does,hereby make,constitute and appoint William C. Slater, Jr. the true and lawful Attomey-irrFact,to make,execute,deliver and acknowledge,for and on behalf of said corporation as surety,bonds,undertakings and contracts of suretyship in an arnount not exceeding$1,500,000 in any single undertaking;giving and granting unto said Attorney-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as said corporation could do,but reserving to said corporation full power of substitution and revocation; and all of the acts of said Attorney-in-Fact,pursuant to these presents,are hereby ratified and confirmed. The authority and powers conferred by this Power of Attorney do not extend to any of the following bonds,undertakings or contracts of suretyship: Bank depository bonds,mortgage deficiency bonds,mortgage guarantee bonds. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolution adopted by the Board of Directors of PACIFIC STATES CASUALTY COMPANY,effective as of August 3,1984; RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is authorized to execute Powers of Attorney,qualifying the attorney named in the Powers of Attorney to execute,on behalf of the corporation,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of the corporation be,and each of them hereby is authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney orcertificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITN ESS WHEREOF,PACIFIC STATES CASUALTY COMPANY has caused these presents to be signed by its President and attested by its Secretary this 4th day of January 1988. 4'tEs C4a` vo COOP q7 ATTEST PACIFI CASUALTY COMPANY j FE&1, o n D C+'t'FO By * By Bruce E.MacKenzie A Esther R.Lowy, eta STATE OF CALIFORNIA ) SS. COUNTY OF LOS ANGELES ) On September 5,1989,before me,the undersigned,a Notary Public in and for said State,personally appeared Bruce E MacKenzie and Esther R.Lowy,personally known to me(or proved to me on the basis of satisfactory evidence)to be the persons who executed the within instrument as President and Secretary on behalf of Pacific States Casualty Company,the corporation therein named,and acknowledged to me that the corporation executed it. WITNESS my hand and official seal. OFFICIAL SEAL /� �•,t•. TANIA S}IPA�tAGA Signature ^' `� c NOTARY PUBLIC -CALIFORNIA Notary Pu lic \ LOS ANGELES COUNTY My comm. expires FEB 1, L"3 CERTIFICATE The undersigned,as Secretary of PACIFIC STATES CASUALTY COMPANY,does hereby certify that the foregoing and attached Power of Attorney remains in cull 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 57 h day of February 198 93 ♦�•%ES CAB, PACIFIC STATES CASUALTY COMPANY y 40PPOqA r FEB.1, o n a n 19at i 7 �P jD l�F O'k By * PSC-S-101 9/89 Esther R_Lowy.Secretary