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HomeMy WebLinkAboutFinal Tract Map 14326 (also referred to as Island G RGE t- srrnr o� �o'dl�q[O To Jones flPv✓ `0 )�� inn � - cH�rc.ov►� oPv✓ _ Tr�sdve r n� ,n cty OF HUNTINGTON BEAC0• fD MEETING DATE: October 7, 1996 DEPARTMENT ID NUMBER: PW96-072 bores Council/Agency Meeting Held: /D�? gG �Defe��rred/Continued to: f9'Approved ❑ Conditionally Approved ❑ Denied City Clerk's Signa re Council Meeting Date: October 7, 1996 Department ID Number: PW96-072 CITY.OF HUNTINGTON BEACH M REQUEST FOR ACTION _ IV z C" C) n SUBMITTED TO: HONORABLE.MAYOR AND CITY COUNCIL MEMBERS o y rR N c-). :0 O SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrator _ y� T PREPARED BY: `""LES M. JONES II, Director of Public Works G SUBJECT: RELEASE OF SECURITIES -- CITY ACCEPTANCE TRACT NO. 14326 Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachments) Statement of Issue: Seacliff Partners, the developer of Tract No. 14326 (also referred to as Island "G" within the Seacliff residential area), located at the northeast corner of Palm Avenue and Goldenwest Street, has completed all required public improvements and is requesting a release pursuant to the provisions of the Subdivision Map Act. Funding Source:: Not applicable Y Recommended Action: j 1. Accept the improvements constructed and dedicated for public use with Tract No. 14326 and, 2. Release the applicable bonds posted for faithful performance, labor and material and monuments; and, 3. Accept Maintenance Bond No. 152154S; the security furnished for guarantee and warranty of improvements, and instruct the City Clerk to file the bond with the City Treasurer; and, ao 0021137.01 -2- 09/23/96 2:07 PM 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: Seacliff Partners 23 Corporate Plaza Suite 250 Newport Beach, CA 92660 ENGINEER: Walden and Associates 18012 Cowan, Suite 210 Irvine, CA 92714 LOCATION: Northeast corner of Palm Avenue and Goldenwest Street ACREAGE: 4 . 56 Acres LOTS: 21 lots NO. OF UNITS: 21 ZONE: R1-01 GENERAL PLAN: Low Density Residential DISCUSSION• On January 28, 1992 the Planning Commission approved Tentative Tract Map 14326 with conditions for the development of 21 single family residences . The final map has been examined and certified by the Director of Public Works and the Secretary to the Planning Commission as being in conformance with the conditions of approval for 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 has recently dedicated and improved the greenbelts in compliance with this condition. RCA 2/7/94 -2- 1962D ENVIRONMENTAL STATUS: This action to accept Final Map No. 14326 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 . Tentative Tract Map No . 14326 3 . Subdivision Agreement 4 . Monument Bond 5 . Faithful Performance Bond 6 . Labor and Material Bond MTU:MSF:JM: lp RCA 2/7/94 -3- 1962D •a,/ '�I-��O -1- 1 1._..,.t. .I.:t:Ii:IN::PnIM:I::C+:'l.il C'[:rU.t „�-+iRRI ' your r(Y— 41 IL CF C CF—E V71.r L1TEa) ............. mr ♦e n wniavv ar`� n^y1EV �•( �'yJwS. lb S `'.•'4D y� ct • y „J CF-R SPRINGFIEID �� �i�t. �• b, e ` ? 4s N z ,� \ ,.�' \"�. •:;' y •q._ - / ce,y� • q fr!:ra .::iJ�i.l AN - �� GF- `�:' TH1111EEN1H • :�/:'. �.:' ,��,, •.=41 (,: FT 14326 (ISLAND "G") . HUNTINGTON BEACH PLANNING DIVISION HU14TINGTON BEACH SHEIT I or I TENTATIVE MAP TRACT NO. 14326 IN THE CITY OF HUNTINGTON BEACH, �{ -Ever.Ie•el..mL CO. + COUNTY OF ORANGE, STATE OF CALIFORNIA rlrullE E�af[Nr '••k�:�•�•� N Dr.r.M:n e.N frlE rlrr or xuxnxr,Tox mar I.rnuNn or pGNce.Sr,E or CALIF.—. o N ON• AP gll.D IN INMIR 40,PAr..E 10 Or IPAN—,IAPe, ECORDS Or TSAID COUNTY. ese' O� �I _ I _/ . ., . grnT PALM 9 is or NISCELIAN 000 MAPS RtCOROS Or OMANGRNCOUNTY.�R.z). - � a M. xr.nliRMAP 17 11I I ,�' ��� Cam •. ` L�'-..w') C• c °�'.� L�R,N II .x N,I� ,vt C L OF E.Ief 15.5 SOD.OIL 1 1 CPC;:k f Ir M NINNr ... ... PIPELINE c eER ^• .'3 � ,N^t . fAr.,RI TRACT NO. 9500 7,; '•°A�,'%_ STREETs`rf'/,I`..� a�i e,' .} \a. - ....,,n.<. 8 N R.ioN hR. 1_. f\\ / �\ !: y� bb OEN. AEI.CO. --._..lfr J.,� � I —._.•Y .__.._�_._.�� nRr_� Or ANFRIG • 'r. K,=r ti� _— _____. '( .�S•r. I __... r RIL 191AN0'C IA Ncn L .�-1.r+..., "[ .r, .� �•,�ti T M, roi.aze• t• KO:6IEUNE- L;' jI `z, I°+A f,eFTNr 7'p =3os�.+ .ri,:sae. _ %3 i4 •r �Q MIN KY MAP W Ne><u! Lli m Nom W « _ _. .. A�FxNNRR PARrE.No e:.d y Fr 0-11-01 3°" I - NOOOrc NOPOSmC. z i• ' I •I � �oags� x zoxlxc: I-ol I o ? C2q?'a,F7• IIr ', mIm ro RI-o W —�; — r•ER f S OR N TO RE PUMA. O1nRn:A:cm•nnr. Rrr unaunnxED NENovro Z ...... ,� M•R, LU II I k Iro.P) \ r p.T..�I dl NDIIGrn IN J ,�4 - r�iF..1 19f.PHONCmrG.N L Tnr.PNOME COO.r—Or CALIFONHIA RR F ? VVI NFr: OF IOI nT NTNGTON BP �.- .k PRESIDENTE MraRlr: solmltxx nuroRMA�r.D1eOx CO.—1F::er::) �.L R •i ten.^B O.", 7; I rI e r , t .•' TRACT N0. 9600 =_.-------- ----'-=- r `-----�---- - - - - E.. GOLDFNWEST STREET PUBLIC �GiC 9 _1 etAi•mulr. I ...._ ..:� �.• EST_STREET D.N•I e.O,�-..'� ,e G Nr � 7rwa%.n cu i.� I, ... _ .' _'-,I .-F...w•E.D. ...._—� A/w F.. IP•VATER 1___ e.R.. ___ ' ..10'9Cr.UT ILIrY � 11 _ _ i y 7 fR.N•6. EAeENENI L CIEMON {}y1( !S -N•)13�R F A•. •� o PIPELINE EAOfIENf I II _- ---1- R•e SI Rr.ET� 51 �1 B•B•STRE. -_- I Er.10•VrfER-"�_ _ ._ T R f.ASEK 1 __ ! _ ___ _L_II_\.._. ___.__ __ LWrNT Nr �FM.Ie•R.ir, PALM- AVENUE- I, E..IP•VA)ER PAL A.sT%ETS I I sy �� NU�FRINSTbN-BGn1 COIN,NY EIEO RAN 9TRF,R NR6 2eO HUNIINGTON 04CM. CA 02e,R Ellyy.BB-DD0e0-,061 PACIIIES.Lm HON[S �AIIEN i WOCYTv 21ro R.IN 9TxEET 9UIIL�e� 1.11 C9N.—210 -CA\ fl-ReO-•xiBGCN.CA ll.-eR0-0110 im— PACIFIC 14 ISW T �N.NNm TENTATIVE MAP �ssoclnres TRACT N0. 14326 COAST HOMES . `,MNS HUNTINGTON BEACH, CA P.N.,..N,.. ..�...: u!v/v i • i, CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK March 24, 1994 Seacliff Partners 23 Corporate Plaza Suite 250 Newport Beach,CA 92660 Gentlemen: The City Council of Huntington Beach,at its regular meeting held Monday,February 28, 1994, approved the Subdivision Agreement for Tract No. 14326. We are enclosing herewith a duly executed copy for your files. Sincerely, GI�v� Connie Brockway,CMC City Clerk CB:cc clerknTltr (Telephone:714-536.5227) TABLE OF CONTENTS Section Page 1 General Street Construction ..................................................................................2 2 Arterial Highway Improvement...............................................................................2 3 Guarantee..............................................................................................................2 4 Faithful Performance and Security.........................................................................3 5 Indemnification, Defense, Hold Harmless..............................................................3 6 Workers' Compensation Insurance........................................................................4 7 Insurance...............................................................................................................4 8 Certificates of Insurance; Additional Insured Endorsements..................................5 9 Attorneys' Fees......................................................................................................5 4\Agree\10/13/93 REQUEST FOR ACTION MEETING DATE: October 7, 1996 DEPARTMENT ID NUMBER: PW96-072 4. Instruct the City Clerk to notify the developer, Seacliff Partners of this action, and the City Treasurer to notify the bonding company, Pacific States Casualty Co., of this action. Alternative Action(s): Deny the recommended action.. Analysis: On February 28, 1994, the City Council approved Final Map No. 14326 and accepted bonds, the securities furnished for faithful performance, labor and material and monuments. The developer has completed all required public improvements, and is requesting acceptance of the work and release of the bonds, pursuant to Calif. Government Code Section 66499.7. Public improvements constructed consist of paving, curbs, gutters, sidewalks, driveways, wheelchair ramps, street lights, sewer and water lines with appurtenances. The City Engineer has determined that the improvements have been constructed in substantial compliance with the approved plans and specifications, and recommends acceptance of the improvements. Calif. Government Code Section No. 66499.3 (d) requires that security for the guarantee and warranty of the improvements be posted upon acceptance of the public improvements. The developer has provided Maintenance Bond No. 152154S as security. Following is a list of project data: Subdivider: Seacliff Partners, 520 Broadway, Ste. 100, Santa Monica, Ca. 90401 Engineer: Walden & Assoc., 18012 Cowan, Ste. 210, Irvine, Ca. 92714 Title Co.: First American Title Co., 114 E. 5th St., Santa Ana, Ca. 92702 Location: Northeast corner of Palm Avenue and Goldenwest Street Lots: 21 Lots Acreage: 4.833 Zone: R1-01 Environmental Status: This recommended action to accept the improvements is a ministerial act, and is exempt from the requirements of the California Environmental Quality_Act, pursuant to State CEQA Guidelines, Cal. Admin. Code, Title 14, Chapter 3, Section 15268 (b). 0021137.01 -3- 09/24/96 3:22 PM •REQUEST FOR ACTION • MEETING DATE: October 7, 1996 DEPARTMENT ID NUMBER: PW96-072 Attachment(s): NumberCity Clerk's Page 1 Location Map 2 Maintenance Bond No. 152154S LMJ:BPC 0021137.01 -4- 09/24/96 3:22 PM STATEMENT OF ACTION OF THE CITY COUNCIL CITY OF HUNTINGTON BEACH *********-Indicates Portions Of The Meeting Not Included In The Statement Of Action Council Chamber, Civic Center Huntington Beach, California Monday, October 7, 1996 A videotape recording of this meeting is on file in the Office of the City Clerk. Mayor Sullivan called the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to order at 5:00 p.m. in Room B-8. CITY COUNCIUREDEVELOPMENT AGENCY ROLL CALL PRESENT: Harman, Leipzig, Bauer, Sullivan, Dettloff, Green, Garofalo ABSENT: None Consent Calendar- Items Approved On motion by Garofalo, second Harman, the following Consent Calendar items were approved, as recommended by the following roll call vote: AYES: Harman, Leipzig, Bauer, Sullivan, Dettloff, Green, Garofalo NOES: None ABSENT: None (City Council) Release Of Securities - City Acceptance Of Tract No. 14326 - Seacliff Partners - We Corner Palm Avenue & Goldenwest Street - Island G -Approved (420.60) - 1. Accepted the improvements constructed and dedicated for public use within Tract No. 14326; 2. released the applicable bonds posted for faithful performance, labor and material and monument; 3. accepted Maintenance Bond No. 152154S, the security furnished for guarantee and warranty of improvements, and instructed the City Clerk to file the bond with the City Treasurer; and 4. instructed the City Clerk to notify the developer, Seacliff Partners, of this action and the City Treasurer to notify the bonding company, Pacific States Casualty Company, of this action. 96stact Page 2 - Statement of Action Mayor Sullivan adjourned the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach at 11:30 p.m. to October 21, 1996 at 5:00 p.m. in Room B-8, Civic Center, Huntington Beach, California 92648. /s/Connie Brockway City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California ATTEST: /s/ Connie Brockway /s/ Dave Sullivan City Clerk/Clerk Mayor STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I, Connie Brockway, the duly elected City Clerk of the City of Huntington Beach, California, do hereby certify that the above and foregoing is a true and correct Statement of Action of the City Council of said City at their regular meeting held on the 7th day of October, 1996. Witness my hand and seal of the said City of Huntington Beach this the 15th day of October, 1996. /s/Connie Brockway City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California B Deput ty Clerk-. 96stact Li NOT TO SCALE V) Ln w z ----------- w o 0 J 0 COD C)/ PALM AVE. ACACIA AVE. TR. 14326 ATTACHMENT NO. 1 LOCATION DAP J. CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS TR14326 Iris 1co MAINTENANCE BOND BOND NO.: 152154s rN PREMIUM: $ Nil INCLUDED IN PEFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT we, SEACLIFF PARTNERS, a California General Partnership as Principal, and DEVELOPERS INSURANCE COMPANY, a corporation organized and doing business and under and by virtue of the laws of the State of California and duly licensed to conduct surety business in the State of California,as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH as Obligee,in the sum of THIRTY SEVEN THOUSAND ONE HUNDRED EIGHTY ($ 37,180.00 ) Dollars,for which payment,well and truly to be made,we bind ourselves,our heirs,executors and successors,jointly and severally firmly by these presents. THE CONDITION OF THE OBLIGATION IS SUCH THAT: WHEREAS,the above named Principal entered into an agreement or agreements with said Obligee to: TRACT 14326 WHEREAS, said agreement provided that Principal shall guarantee replacement and repair of improvements as described therein for a period of one year following final acceptance of said improvements: NOW, THEREFORE, if the above Principal shall indemnify the Obligee for all loss that Obligee may sustain by reason of any defective materials or workmanship which become apparent during the period of one year from and after acceptance of the said improvements by Obligee,then this obligation shall be void,otherwise to remain in full force and effect. IN WITNESS WHEREOF,the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said Surety is hereto affixed and attested by its duly authorized Attorney-in-Fact. this 16th day of August 19 96 DEVELOPERS INSURANCE COMPANY SEACLIFF PARTNERS, a California General Partnership Principal By: Pacific Coast Homes, General Partner BY: J ,t,w. �Vwta,. Virg nla M. Ucll an Attorney-in-Fact By: 17780 Fitch Irvine,CA 92714 /. FORM DI 127 REV.5/93 (714) 263-3300 ✓ POWER OF ATTORNEY OF 1 EMNITY COMPANY OF CALIFOR ID AND DEVELOPERS INSURANCE COMPANY N° 321215 f;-} j •w= P.O.BOX 19725,IRVINE,CA 92713•(714)263-3300 NOTICE: 1. All power and authority herein granted shall in any event terminate on the 31st day of March,1999. h••4 2. This Power of Attorney is void if altered or if any portion is erased. 3. This Power of Attorney is void unless the seal is readable,the text is in brown ink,the signatures are in blue ink and this notice is in red ink. 4. This Power of Attorney should not be returned to the Attorey(s)-In-Fact,but should remain a permanent part of the obligee's records. KNOW ALL MEN BY THESE PRESENTS,that except as expressly limited,INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY,do each severally,but not jointly,hereby make,constitute and appoint "'NELL AMYX,JAMES E. MARY,VIRGINIA M. LOUMAN, SHELLEY E. SMITH-BOWMAN, J. LOUGHLIN,JOINTLY OR SEVERALLY"• the true and lawful Attomey(s)-In-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations as sureties,bonds,undertakings and contracts of suretyship In an amount not exceeding Two Million Five Hundred Thousand Dollars($2,500,000)in any single undertaking;giving and granting unto said Attomey(s)-In-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation;and all of the acts of said Attomey(s)-In-Fact,pursuant to these presents,are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY,effective as of September 24,1986: RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is,authorized to execute Powers of Attorney,qualifying the attorney(s)named in the Powers of Attorney to execute,on behalf of the corporation,bonds,undertakings and contracts of suretyship;and that the Secretary or any 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,INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respective Presidents and attested by their respective Secretaries this 14th day of June,1995. INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY COL4W. ByCIA&- By04 DaVe F.Vincenti,Jr. PANYO D to F.Vincenti,Jr. S�1�SUAQ1 President aC,� P ORq n President 44Q pPP O r9 n z a OCT.5 c ATTEST — MAR.27 i y 1967 a 1979 AIXV— (IFOPN�p�2 y0 4[/Fp BY * BY Walter Crowell Walter Cro,,Ztl�100 Secretary Secretary . STATE OF CALIFORNIA ) )SS. COUNTY OF ORANGE ) On June 14,1995,before me,C.V.Brink,personally appeared Dante F.Vincenti,Jr.and Waiter Crowell,personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. WITNESS my hand and official seal. MMMN���NM••N� comm.M1oSignature ip NOTARY PUBLIC.CALIFORNIA�ORANGE COUNTY My Comm.Exp.Aug.21,1900 CERTIFICATE I$ so J The undersigned,as Senior Vice President of INDEMNITY COMPANY OF CALIFORNIA,and Senior Vice President of DEVELOPERS INSURANCE COMPANY,does hereby certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked;and furthermore,that the provisions of the resolutions of the respective .Boards of Directors of said corporations set forth in the Power of Attorney,are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine,California,this 20 tl�ay of Augu3 t 199 6 IINDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY >GO PP NR O� �QyOt,P�R O91cF` 9r Q. 6 P CT . � z`? OCT.5 c ++ 5 R.27 BY L.C.Fiebiger y 1967 By L.C.Fiebiger �� 1979 Senior Vice President sty (/F p!1`pi Senior Vice President yo 4 /FO�`p t9 C11*3 • REQUAT FOR CITY COON& ACTION February 22, 1994 Date Submitted to: Honorable Mayor and City Council Submitted by: Michael T. Uberuaga, City Administra or Prepared by: Melanie S. Fallon, Director, Community Development % Subject: FINAL TRACT MAP 14326 WITH BONDS AND AGREEMENTS APPROVED BY CITY COUNCIL Consistent with Council Policy? Yes [ ] New Policy or Exception °Z - °Z $ 19± Statement of Issue, Recommendation,Analysis, Funding Source,Alternative A CLERK . STATEMENT OF ISSUE• The final map of Tract No. 14326 (also referred to as Island G within the Seacliff residential area) , located at the northeast corner of Palm Avenue and Goldenwest Street, is being submitted to the City Council for approval . RECOMMENDATION• Motion to: "Approve Final Tract Map No . 14326 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. 14326 is in conformance with the California Subdivision Map Act, the City of Huntington Beach Subdivision Ordinance and Tentative Tract Map No . 14326 conditions of approval as approved by the Planning Commission. Requirements : 1. Offer of dedication and improvements are subject to completion of requirements shown on the tentative map. 2 . The City Clerk is hereby instructed to file the following bonds with the City Treasurer : a. Faithful Performance Bond No. 152154S b. Labor and Material Bond No. 152154S c. Monument Bond No. 152155S 4 P10 5/85 SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND SEACLIFF PARTNERS FOR TRACT NO. 14326 THIS AGREEMENT is entered into this 28th`,day of February._-_, 1994. , 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. 14326; and As a condition of the approval of and prior to the recordation of said subdivision map, SUBDIVIDER is required to improve and dedicate the streets and alleys, and to perform certain other improvements in said subdivision; and SUBDIVIDER desires to enter into an agreement with CITY to delay performance of certain of the work; to agree to perform said work as herein provided; and to execute and, deliver to CITY bonds for the faithful performance of said agreement, for the payment of all labor and material in connection therewith, and for the guarantee and warranty of the work for a period of one (1) year following completion and acceptance thereof against any defect in work or labor done, or defective materials furnished, as required by Sections 66499 and 66499.3 of the 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 6/Agree/tr 143 26/10/13/93 1. GENERAL STREET CONSTRUCTION SUBDIVIDER does hereby agree to do and perform the following work in said tract: All conditions of the tract map not completed at the time of the recordation thereof to include, but not limited to, the construction of streets, including excavation, paving, curbs, gutters, sidewalks, trees and landscaping; sewers, including construction of main lines and lot laterals and structures; street lights; street signs; construction of domestic water systems including the construction of water mains, lot laterals and installation of meters; engineering costs; and any miscellaneous requirements as may be set forth in CITY'S codes. All of said work shall be done and performed in accordance with plans, specifications and profiles which have been approved by the City Engineer and filed in the office of the City Engineer. All of work shall be done at the sole cost and expense of SUBDIVIDER. The acceptance of the dedication of said streets, alleys and other improvements, and said work shall be completed on or before two (2) years from the date hereof, and all labor and material bills therefor shall have been paid by SUBDIVIDER. 2. ARTERIAL HIGHWAY IMPROVEMENT SUBDIVIDER agrees to complete all arterial highway improvements, including perimeter walls and landscaping required by conditions of the tract map, prior to release or connection of utilities for occupancy for any lot in the Tract. 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. 2 6/Agree/tr 14326/10/13/93 4. FAITHFUL PERFORMANCE AND SECURITY In accordance with Huntington Beach Ordinance Code (HBOC) Article 997, upon execution hereof SUBDIVIDER shall deposit with the City Treasurer the sum of Three Hundred SeventyyOne Thousand, Eight Hunded Dollars ($371,800) 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. 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. 3 6/Agree/tr 14326/10/13/93 6. WORKERS' COMPENSATION INSURANCE Pursuant to California Labor Code § 1861, SUBDIVIDER acknowledges awareness of § 3700 et seq. of said code, which requires every employer to be insured against liability for workers' compensation; SUBDIVIDER convenants that it will comply with such provisions prior to commencing performance of the work hereunder. SUBDIVIDER shall maintain Workers' Compensation Insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. 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 4 6/Agree/tr 14326/10/13/93 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 canceled 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. 9. ATTORNEY'S FEES In the event suit is brought by CITY to enforce the terms and provisions of this agreement or in any bond given to secure the performance hereof, a reasonable attorney's fee, to be fixed by the court, shall be paid by SUBDIVIDER. 5 6/Agree/tr 14326/10/13/93 IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. SEACLIFF PARTNERS CITY OF HUNTINGTON BEACH a California Corporation a Municipal Corporation of the By: UWC-Seacliff, L.P. State of California a California Limited Partnership its General Partner Mayor By: UWC Seacliff Land Corporation a California Corporation its General Partner APPROVED AS TO FORM: Ste n D. un r, its President ity Attorney a-/'7-r5/ BY: PACIFIC COAST HOMES, a California Corporation, its General INITIA ED ANrAPP VED: Partner AM Director of Pu lic Works C. E. Rice, its Vice President ATTE . City Clerk RE�V,LE- =D'ANAPPROVED- City _ A ministrator 6 6/Agree/tr 14326/10/13/93 I have received the Faithful Performance' Bond and the Labor and Materials bond t%R and Monument Bond for Final Trart Map 14396 on behalf of the Treasurer's Office. Dated By: Seacliff Partners 23 Corporate Plaza Suite 250 Newport Beach, CA 92660 • BOND NUMBER 152154S PREMIUM $3,718.00 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 , and identified as project Tract No. 14326 ISLAND "G", is hereby referred to and made a part hereof; and WHEREAS, Said principal is required under the terms of said agreement to furnish a bond for the faithful performance of the said agreement. Now, therefore, we, the principal and-DEVELOPERS INSURANCE COMPANY as surety, are held and firmly bonds unto the City of Huntington Beach hereinafter called "city , in the penal sum of Three Hundred Seventy One Thousand Eight Hundred and 00/100 Dollars ($371,800.00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severely, firmly by these presents. The condition of' this obligation is such that if the above bounded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform.-the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless "City", its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees incurred by "City" in successfully enforcing such obligation, al to be taxed as costs and included in any judgement rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or additions to the terms of said 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, on DECEMBER 16TH , 19 93 Seacliff Partners, a California General Partnership By: UWC-Seacliff L.P. , a California Limited Partnership, its General Partner. By: UWC-Seacliff Land Corporation, its Ge P tner By. Stephen D. Gunther, President By: Pacific Coast Homes, a California Corporation, its General Partner By: A.T'P?o'aED AS TO FOPA%l CAIL BUTTON CITK t� NEY ' DEVELOPERS I SURANCE COMPANY , as Surety 4f✓:�� v� Deputy City Attorney By: David L. Miller, Attorney-in-Fact By: • • BOND NUMBER 152154S PREMIUM incl in performance LABOR AND MATERIAL 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 and identified as project Tract No. 14326 ISLAND "G", is hereby referred to and made a part hereof; and WHEREAS, under the terms of the said agreement, principal is required before entering upon the performance of the work, to file good and sufficient payment bond with the City of Huntington Beach to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of division 3 of Civil Code of the state of California. Now, therefore, said principal and the undersigned as corporate surety, are held firmly bound unto the City of Huntington Beach and all contractors, subcontractors, laborers, materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in the Sum of One Hundred Eighty-Five Thousand Nine Hundred and 00/100 dollars ($185,900.00) , for the 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 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 void, other wise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of time, alteration or additions to the terms of said rsrl, 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, on December 16th , 19 93 Seacliff Partners, a California General Partnership By: UWC-Seacliff L.P. , a California Limited Partnership, its General Partner By: UWC-Seacliff Land Corporation, it ral Partner By: St hen D. Gunther, President By: Pacific Coast Homes, A California Corporation, its General Partner 1PPROVLD AS TO FOnS:l P1:II, liur;..TON BYc` � DEVELOPERS INSURANCE COMPANY , as Surety Deputy City Attorney By: David L. Miller, Attorney-in-Fact By: * POWER OF ATTORNEY OF EMNITY COMPANY OF CALIFOIA AND DEVELOPERS INSURANCE COMPANY N2 154046 P.O.BOX 19725,IRVINE,CA 92713 • (714)263-3300 NOTICE: 1. All power and authority herein granted shall in any event terminate on the 31st day of March,1996. 2. This Power of Attorney is void if altered or if any portion is erased. 3. This Power of Attorney is void unless the seal is readable,the text is in brown ink,the signatures are in blue Ink and this notice is in red ink. 4. This Power of Attorney should not be returned to the Attorney(s)-In-Fact,but should remain a permanent part of the obligee's records. KNOW ALL MEN BY THESE PRESENTS,that,except as expressly limited, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY,do each severally,but not jointly,hereby make,constitute and appoint ***JAMES E. MARY, DAVID L. MILLER, VIRGINIA M. LOUMAN, SHELLEY E. SMITH, JOINTLY OR SEVERALLY*** the true and lawful Attorney(s)-In-Fact,to make,execute,deliver and acknowledge,for and on behalf of each of said corporations as sureties,bonds,undertakings and contracts of Suretyship in an amount not exceeding Two Million Five Hundred Thousand Dollars($2,500,000)in any single undertaking;giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation;and all of the acts of said Attorney(s)-In-Fact,pursuant to these presents,are hereby ratified and confirmed. The authority and powers conferred by this Power of Attorney do not extend to any of the following bonds,undertakings or contracts of suretyship: Bank depository bonds,mortgage deficiency bonds,mortgage guarantee bonds,guarantees of installment paper,note guarantee bonds,bonds on financial institutions,lease bonds,insurance company qualifying bonds,self-insurer's bonds,fidelity bonds or bail bonds. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY,effective as of September 24,1986: RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is,authorized to execute Powers of Attorney, qualifying the attorney(s)named in the Powers of Attorney to execute,on behalf of the corporation,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assis- tant Secretary of the corporation be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF,INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respec- tive Presidents and attested by their respective Secretaries this 1st day of April,1993. INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY By V I By r Da F.Vincenti,Jr. .Vincenti,Jr. President GO�PP oRr Dan o, PFr P5\N S Uggh resident i MAR.2T, o a OCT.S, p ATTEST t96T o ATTEST i IB7g ; By By C, ViN Walter Crowell Walter Crowell Secretary Secretary STATE OF CALIFORNIA) ) SS. COUNTY OF ORANGE ) On April 1,1993,before me,Tiresa Taafua,personally appeared Dante F.Vincenti,Jr.and Walter Crowell,personally known to me(or provided to me on the basis of satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. WITNESS my hand and official seal. 2NMNN�NNN� OFFICIAL SEAL TIRESA TAAFUA Signature �� _ NOTARY PUBLIC-CALIFORNIA �1® ♦ ,� A PRINCIPAL OFFICE IN ORANGE COUNTY My Commission Exp.Aug.a,1995 CERTIFICATE � � The undersigned,as Senior Vice President of INDEMNITY COMPANY OF CALIFORNIA,and Senior Vice President of DEVELOPERS INSURANCE COMPANY,does hereby certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked;and furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney,are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine,California,this 16th day of December 199 3 INDEMNITY COMPANY OF CALIFORNIA MVANy DEVELOPERS INSURANCE COMPANY \Nsuq �O`�pP 0 q�l�0 �P90pP 0 4 c^ OCT.S, T /J� W MAR.2T, o 0 By (�`� d o By— too? L.C.Fiebiger o� `'? L.C.Fiebiger o \� Senior Vice President Senior Vice President 1'roa+ �? ID-310 REV.4/93 BOND NUMBER 152155S PREMIUM $54.00 MONUMENT BOND That Seacliff Partners, a California General Partnership as subdivider of Tract No. 14326 ISLAND "G" in the City of Huntington Beach, County of Orange, State of California, has submitted to said City a Final Map of said tract containing an engineers'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 DEVELOPERS INSURANCE COMPANY as surety, hereby guarantee to the city of Huntington Beach the payment of the cost of setting all such monuments with in or in connection with said tract, as are not already set prior to the recording of said Final map, in accordance with said map and said certificate up to but not in excess of the sum of $5;400.00 (FIVE THOUSAND FOUR HUNDRED AND NO/100) , in which sum we are held and firmly bound to the City of Huntington Beach, all in accordance with and subject to the terms, conditions and provisions of Article 9, Chapter 4 of the Government Code of the State of California. IN WITNESS WHEREOF, we have executed this instrument this day of December 16th , 19 93 Seacliff Partners, a California General Partnership By: UWC-Seacliff L.P. , a California Limited Partnership Its General Partner By: UWC-Seacliff Land Corporation Its-General Partner By: Stephen D. Gunther, President IBy: Pacific Coast Homes, a California Corporation, its Genera - By: DEVELOPERS INSUURRANCE COMPANY , as Surety By: ��.✓ �� David L. Miller,, Attorney-in-Fact By: APPROVED ks TO i 01-11 GAIL HUTTON CITY ATTORNEY By: Deputy City Attorney _ POWER OF ATTORNEY OF ' INDEMNITY COMPANY OF CALIFO A AND DEVELOPERS INSURANCE COMPANY N2 154045 P.O.BOX 19725,IRVINE,CA 92713 • (714)263-3300 OTICE: 1. All power and authority herein granted shall in any event terminate on the 31st day of March,1996. 2. This Power of Attorney is void if altered or if any portion is erased. 3. This Power of Attorney is void unless the seal is readable,the text is in brown ink,the signatures are in blue ink and this notice is in red ink. 4• This Power of Attorney should not be returned to the Attorneys)-In-Fact,but should remain a permanent part of the obligee's records. KNOW ALL MEN BY THESE PRESENTS,that,except as expressly limited, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY,do each severally,but not jointly,hereby make,constitute and appoint ***JAMES E. MARY, DAVID L. MILLER, VIRGINIA M. LOUMAN, SHELLEY E. SMITH, JOINTLY OR SEVERALLY*** :he true and lawful Attorney(s)-In-Fact,to make,execute,deliver and acknowledge,for and on behalf of each of said corporations as sureties,bonds,undertakings and contracts of suretyship in an amount not exceeding Two Million Five Hundred Thousand Dollars($2,500,000)in any single undertaking;giving and granting unto said Attorney(s)-In-Fact full cower and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation;and all of the acts of said Attorney(s)-In-Fact,pursuant to these presents,are hereby ratified and confirmed. The authority and powers conferred by this Power of Attorney do not extend to any of the following bonds,undertakings or contracts of suretyship: Bank depository bonds,mortgage deficiency bonds,mortgage guarantee bonds,guarantees of installment paper,note guarantee bonds,bonds on financial institutions,lease bonds,insurance company qualifying bonds,self-insurer's bonds,fidelity bonds or bail bonds. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY,effective as of September 24,1986: RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is,authorized to execute Powers of Attorney, qualifying the attorney(s)named in the Powers of Attorney to execute,on behalf of the corporation,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assis- tant Secretary of the corporation be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF,INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respec- tive Presidents and attested by their respective Secretaries this 1st day of April,1993. INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY DOI Q By �/ `P, By Darfle F.Vincenti,Jr. Dan F.Vincenti,Jr. President o0�PPORo, President Py\Nf RR4y Al ~� a O�?0 Fps i OCT- 7: + MAR.27, c' ATTEST 1067 o ATTEST i 1678 z nID Lw* IFOa+v��� �n�e1FpR*' '4 By— ,rZ1�N By Walter Crowell Walter Crowell Secretary Secretary STATE OF CALIFORNIA) ) SS. COUNTY OF ORANGE ) On April 1,1993,before me,Tiresa Taafua,personally appeared Dante F.Vincenti,Jr.and Walter Crowell,personally known to me(or provided to me on the basis of satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. WITNESS my hand and official seal. rNH�N44•�4h4r��N4 V�NM 9 OFFICIAL SEAL mac — + • TIRESATAAFUA Signature 1t •��` NOTARY PUBLIC-CALIFORNIA ♦♦♦ PRINCIPAL OFFICE IN ORANGE COUNTY My Comm ssion Exp.Aug.4,199 CERTIFICATE The undersigned,as Senior Vice President of INDEMNITY COMPANY OF CALIFORNIA,and Senior Vice President of DEVELOPERS INSURANCE COMPANY,does hereby certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked;and furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney,are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine,California,this 16th day of December '1993 INDEMNITY COMPANY OF CALIFORNIA 1,PANy DEVELOPERS INSURANCE COMPANY A �Nsuq O40pP O R,�O`O - � OpP O R-4 � ^ � C. t � i OCT.a, /�(/ MAR.2T, o By �� .�,� 1967 o By —!'� i 1878 L.C.Fiebiger n' \�? L.C.Fiebiger Senior Vice President ~� rrroA��� Senior Vice President R+ ID-310 REV.4/93 A1r111:lis CERTIFI _ E OF INSUI�AANCE ISSUE DATE(MM/DD/YY) 'N�`.B�'IOA`w._v�.,_'.+..'w:..r..:r.::b�.:aiL•.:+. -aYv.-s .iy.,..,.;i:- �.�x_. - _� ,.:w.. ...:.�: - .�3'.c`. 'N�,, w7s�'s. -� 27- 3 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE. DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE . SANDLIN & ASSOC. INS. AGENCY, INC. POLICIES BELOW. HALLMARK ASSOCIATES INS. SERVICES COMPANIES AFFORDING COVERAGE . P. 0. BOX 769 ------------------------ _............. _... - - -- --- - ...... - -- --- -- - - DOWNEY, CA 9.0241-0769 LETTER-COMPANY A SAFECO INSURANCE ._..-_----------------- ..-•--.-_._._.._.__..._---....._•-..---.--_--_----_-----. COMPANY B INSURAI'�'CE COMPANY OF THE STATE _-_._.. LETTER INSURED SEACLIFF PARTNERS, A JOINT VENTURE COMPANY OF PA OAS��HOUI AND LETTER C RELIANCE INSURANCE URBAN WES TIE COMPANY5 2 ROADWAY, E ZOO LETTER SANTA MONICA, -CA. 90401 COMPANY E LETTER COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE-POLICIES DESCRIBED HEREIN IS SUB.lECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO :POLICY EFFECTIVE POLICY EXPIRATION! ��- -- TR: TYPE OF INSURANCE POLICY NUMBER DATE(MMIDDIYY) DATE(MM/DDIYY) LIMITS I1 GENERAL LIABILITY .GENERAL AGGREGATE .S 2.,00_0-,.O.00.... i COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG. _S _- CLAIMS MADE -OCCUR. CP 806213 08-01-9.3 08-01-94 PERSONAL SADV.IIJJURY S ---- - ---L_--._ �4 OWNER'S&CONTRACTOR'S PROT. EACH OCCURRENCE_ _ S_l-�000'-000. - FIRE DAMAGE(Any one fire) S -- _- - MED.EXPENSE(Any one person) S 5^0C0- AUTOMOBILE LIABILITY COMBINED SINGLE S ANY AUTO -LIMIT ALL OWNED AUTOS FORtd: ...............---......___._-.._...------..._.........-............... Ape ROVED AS TO A� BODILY INJURY — - m,: ttorneY s - -SCHEDULED AUTOS GAiD xU 1 fOI , Ci�„ •(Per persu:ll �ttOl'l ----- - - ---- - -- ---------... --�. HIRED AUTOS By;,;, DOPUt C+1 Ly t BODILY INJURY $ NON-OWNED AUTOS :(Per accidbnt) -- GARAGE LIABILITY PROPERTY DAMAGE S EXCESS LIABILITY EACH OCCURRENCE S l Q,D0.0.,00.0.. UMBRELLA FORM `AGGREGATE - - $ B { 4292-6684 08-01-93 08-01-94 _-_...___._..._._....___..____._._1.0-}000_,.Q.00...... OTHER THAN UMBRELLA FORM - -' WORKER'S COMPENSATION - .STATUTORY LIMITS _^ - WC - -806213 09-30-93 093094 EACH ACCIDENT AND [ a 1,_000.r0.:1.0..._. EMPLOYERS'LIABILITY _ DISEASE-POLICY LIMIT DISEASE-EACH EMPLOYEE S 1 i OOO_O00_- OTHER C , BUILDERS RISK-SPECIAL $7,S00,000. Uvff OF INS. FORM-ALL RISK- QlNf 4461890 01-01-93 01-01-94 $ 5,000. DEDUCTIBLE REPLACaIENT VALUATION DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS CERTIFICATE HOLDER NAMED AS ADDITIONAL INSURED WITH RESPECT TO LIABILITY ARISING OUT OF INSURED'S OPERATIONS, WITH RESPECT TO ANY PROJECT OF SEACLIFF PARTNERS. CERTIFICATE HOLDER CANCELLATION �....-.__._...--�......w.,.....,:v....;+J._;�.,�.su:w..;wl,.-_a,..a........«.... sm-_-.ate_,.-.�,.t..✓.:.. ., _.... ..-..._...e.a......,-.,....,,..3ac.,_.3S-�:;..:r�.:m,r:�_.`Y--��.,..YJ....�_`Att..�L...e.h'........a.+�•..wr„conti ,a•...::+rY� SHOULD ANY GF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL 09O0= ATTN' DENNIS COULTER MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE CITY OF HUNTINGTON BEACH LEFT, 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 A R RE SE VE Q 1CORD=2�-S"(7r0) _. __'f ri . uq `' .:, F`�. xr` n_.;: ACORDC03PORAION990' 03/17/94 n08:52 $7 14 29 1214 CL&D PCH HBCO f(7j002 OS••16•�47�: ISIO3946272 W WEST GOmm, 0� UNANIMOUS WRITTEN CONSENT OF THE BOARD OF DIRECTORS Or• - - � UWC SEACLIFF LAND CORPORATION r ►Jtt i4 The undersigned, constituting all of the duly elected and actin g$ Directors of UWC Seacliff land Corporation, a C:alltornia corporation ("corporation") hereby adopt the following resolution by written Consent without a meeting pursuant to Scction 307(b) of the California Corporations.Code: - WHEREAS% this Corporation is a general partner of UWC-Seacliff, L.P. ("UWC- pac:llff), a C:alJfornia limited partnership, which is a general partner of Seacliff Partnirs, a Cniifurnid xencr�d pai intj ship, it is hereby RESOLVED, that the president, the Executive Vice President or the Secretary is empowered in such �apauty to exacule for and on bchaif of This Corporation (without the nece*zity of affixing the corporate seal) all papers requiring execution in the narne of this Corporation; and RESOLVED FURTHER, that each party empowered by this resolution is authorized to affix the seal of this Corporation to such papers as require a seal and to acknowledge and. deliver wry such papers as fully as It special autl•►ority were granted in each particular instance. ThP nridersignerf direr-mrs, by their Signatures hereto, in all respects approve, consent to and adopt the foreguing resuludun ws of August 7, 1991. l 1 Stepiicn 1 i, Presidlrnl Clan . Cardoso,Executive Vice President Post-It"'brand fax transmittal memo 7671 n ct p-g I i �Jo��E�P.9i.t Fro lA SNAL.L Cal -S, C0' U14AC SEACLtFF Dept. ph ne N F-# 3� 4-15 �D Fax# 11a9-12�� NOTICE OF ODMPLIANCE WITH 4'VDITIONS ON TRACT/PARCEL MAP AND AUTHORIZATION FOR RELEASE FOR RECORDING TO: CITY CLERK DATE: FROM: COMMUNITY DEVELOPMENT Howard Zelefsky TRACT NO. PARCEL MAP NO. PARK AND RECREATION FEES PAID: ❑ YES $ ® NO OTHER: OTW ,✓5 A-C,Z 4>A,C-SL S WL GATEb for: Howard Zelefsky Planning Director (releases/doc jm) NOTICE OF AUTHORIZATION FOR TRACT RECORDATION TO: CITY CLERK DATE: �1� FROM: PUBLIC WORKS DEPARTMENT BRUCE CROOSBY TRACT NO. DEVELOPER: CONDITIONS: PAYMENT OF ALL FEES: A61- FAITHFUL PERFORMANCE BOND: LABOR & MATERIAL BOND: MONUMENT BOND: CERTIFICATE OF INSURANCE: SIGN AZURE CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CRY CLERK March 24, 1993 First American Title Insurance & Trust 114 E. 5th Street Santa Ana, California 92701 Attention: Subdivision Officer Regarding: Tract Map No. 14326 This is to inform you that all fees have been paid and conditions met on the above named tract. You are free to record same at your convenience. After recording, please return two prints of the Tract Map to Bruce Crosby, Department of Public Works, P. 0. Box 190, Huntington Beach, California 92648. Sinc rely, Connie Brockway City Clerk CB:cc Enclosure Received by: - Dated: �7 1495K/1520K (Telephone:714-536-5227)