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HomeMy WebLinkAboutTract Map 15520 of Tentative Tract Map 14661 - Subdivision A C it of Huntln ton Beach P O Box 711 CALIFORNIA 92648 TELEPHONE 714 536.5200 FAx 714 374.1603 SHARI L. FREIDENRICH CITY TREASURER September 18, 2000 CERTIFIED MAIL Developers Insurance Company P.O. Box 19725 Irvine, CA 92623 Dear Ms. Williams: This is to inform you the City Council of the City of Huntington Beach, on August 21, 2000, approved the release of the following bonds: Tract# 15520 Faithful Performance and Labor&Material Bond No. 443834S Monument Bond No. 443835S We are releasing the bonds and have enclosed them for your file. Also enclosed, is a copy of the City Council Action approving the release of the above-referenced bonds. If you have any questions regarding this matter, please contact me at(714) 536-5200. Sincerely, Shari L. Freidenrich,.CPA, CCMT City Treasurer Enclosures cc: The Olson Company The Promenade at Seagate Walk, LLC 3010 Old Ranch Parkway, Ste. 400 Seal Beach, CA 90740 T- Bob Beardsley, Director of Public Works (no attachments) `:; Connie Brockway, City Clerk(no attachments) G:\Denine\Shari\Letters\BondLt74 � v ATTACHMENT 2 BO 443834S • ND • PREMI 1 GUARANTEE AND WARRANTY BOND WHEREAS,THE PROMENADE AT SEAGATE WALK, LLC. as a Principal,and DEVELOPERS INSURANCE COMPANY ,a corporation organized under the laws of the State of Calif ornuia and duly authorized to do business In the State of Califomia,as Surety,are held and firmly bound unto the City of Huntington Beach,Califomla,as Obligee,in the penal sum of THIRTY ONE THOUSAND ONE HUNDRED FIFTY NO/100(31,15 0.00)representing 10 percent of the contract price entered into between the Principal and Obfigee,to which payment well and truly to be made we do bind ourselves,and each of our heirs,executors,administrators,successors and assigns jointly and severally. . WHEREAS,the said principal entered into a contract with said Oblgee;dated for work described as follows: TRACT 15520 WHEREAS,said contract provides that the Principal will furnish a bond conditioned to ' guarantee and warrant for the panod of one year after completion of the wort:and acceptance thereof by the Obligee,against all defecis In workmanship and materials during said one year period. WHEREAS,said work has been completed,and accepted by Obligee on NOW,THEREFORE,the Princlpal and Surety,Jointly and severally shall Indemnify the Obligee for all kiss that the Ob%ee may sustain by reason of any defective materials or workmanship I-,��p:ROYI D AS TO ?' GAIL - which become apparent during the period of one year from and after date of completion of work and - A +a- acceptance thereof by Obligee In witness whereof,this instrument has been duty executed by the principal and surety u..a� above named,on April 6 2000. THE *PROMENADE AT SEAGATE WALK,LLC, a California limited liab' it com-Dany as Principal AVELOP E NSURANCE COMPANY BY: riGt.- Virg' is M.Louman, ttorney—in—Fact . I TOTAL P.03 STATE OF CALIFORNIA SS. COUNTY OF nRANC.F. On APRIL 6 2000 before me, N AMYX PERSONALLY APPEARED VIRGINIA M LOUMAN 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 acknowl- edged 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 N.AMYX 00MM,#t2w=4 entity upon behalf of which the person(s) acted, executed Notary PUNIC • Calm mfa the instrument. _. . . ORANGE COUNTY My Comm.Expires SEPT 4,2003 WITNESS my hand and official seal. Signature This area for Official Notarial Seal OPTIONAL Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSONS)OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE 1 -081 Rev.6/94 ALL-PURPOSE ACKNOWLEDGEMENT POWER OF ATTORNEY OF IODEMNITY COMPANY OF CALIFAIA AND DEVELOPERS INSURANCE COMPANY P.O.BOX 19725,IRVINE,CA 92623•(949)263-3300 N° 011724 NOTICE: 1. All power and authority herein granted shall in any event terminate on the 31 st day of March,2002. 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 blue 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 severalty but not jointly,hereby make,constitute and appoint -JAMES E. MARY, VIRGINIA M. LOUMAN, JOAN M. WYNN, MICHELLE HAASE, MICHAEL J. HENSEL, MARIE T. ROUSSIERE, CYNTHIA S. INGRAHAM, JOINTLY OR SEVERALLY""" the true.and lawful Attorney(s)-In-Fact,to make.execute,deliver and acknowledge,for and on behalf of said corporations as sureties,bonds,undertakings and contracts of suretyshpf in an amount not exceeding Ten Million Dollars($10,000.000)in any single undertaking:giving and granting unto said Attorney(s)-In-Fact full power and authority to do and to perforn 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 substitutior and revocation;and all of the acts of said Attorney(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 corporations be,and that each of them hereby is,authorized to execute Powers o Attorney,qualifying the attorney(s)named in the Powers of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts of suretyship;and that the Secretar, or any Assistant Secretary of the corporations 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 Powe- 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 o 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 22nd day of December,1998. INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY By By, Qum. / Dan F.Vincenti,Jr. Dante i Jr. President aMPANYOc PrUsident _ S�ttSURq� ' �O P OR4r y - - - - ��VO P� 4I•CF z OCT.s ATTEST o a o iV By *.. By - Walter Crowell - ".Walter Crowell - Secretary - Secretary - - - - - STATE OF CALIFORNIA -)SS. - - - - - —'COUNTY OF ORANGE I On December 22,1998,before me,C.Hollister,personally appeared Dante F.Vincenti,Jr.and Walter Crowell,personally,known to me(or proved to m6.on the basis o 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/them auth''__ 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 y hand and official seal. -- C.HOLLISTER / - Signature ( ( - - � .:Notary Public=California ... ORANGE COUNTY..: My Comm.Expires AUG.11,2002 CERTIFICATE The undersigned,as Senior Vice President of INDEMNITY COMPANY OF CALIFORNIA,and Senior Vice President of DEVELOPERS INSURANCE COMPANY,does hereb 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'Board, 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 6 th day of April 2000 INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY -. pM O,r iG O POR4�� _ OCT 5 0:ABy - 2 MAR.27 . O William T.Sharer y 1967 a William T.Sherer --1s7s b. Senior Vice President Oyu <rFOPP�p� Senior Vice President yo 4 -FOa�p * * --- ID-314 REV.(12/98) STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE ) On May 2, 2000 before me, Joan M. Bunashe, personally appeared Mark Buckland and Annita Cooper personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and .that by their signatures on the instrument the persons, or the entities upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. j;;Z*'0�J0AN'iK BUNASHE —q COmfnbWw#1230483 = , A� " Notary Public-CaMonia F Joan unashe orange county My Comm Etq�9es fur 30,2D03 Notary ublic State of California (SEAL) ATTACHMENT 3 Recording requested by, —- - - and when recorded return to: Recorded in Official Records, Gary Granville, Clerk-RecorderCounty of Orange Connie Brockway,City Clerk I! !�li m !u 1 i„i Office of the City Clerk 'lIII' ,!III'!!!III!1IIIII�!'!'IIII!IIIII�jIIj IIII;N� FEE CITY OF HUNTINGTON BEACH j 18 q q04 ;0000507270 01:43pm 09/26/00 P.O. Box 190-2000 Main Street Huntington Beach,Ca.92648 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 (Space above this line for Recorder's use only) ACCEPTANCE OF PUBLIC IMPROVEMENTS (Huntington Beach Zoning and Subdivision Ordinance Section 255.22) nn PLEASE TAKE NOTICE THAT on July 24, 2000 the City Engineer considered the 1 / subdivision improvements described below, and found them to have been completed satisfactory l �� and accepted, as limited by Huntington Beach Zoning and Subdivision Ordinance Section 255.22(A), the improvements for public use. Further, the public improvements for the subdivision(s) have been dedicated to the City of Huntington Beach, as described on Final Map No. 15520. Public improvements constructed consist of all the domestic water system and appurtenances within the private streets as defined and conditioned by the City on Tentative Map 15520. The Foregoing instrument is the City Clerk's Original Document Reflecting City Council Action Taken at City Council Meeting Submitted for Recordation by the Orange County Recorder. Attest 9' 6 - 2000 GCI BRQ- ,K`0vAY City Clerk and Ex-officio Clerk of he City ncil Of the Ci of Huntington Beach, California By eputy This dacumert is so!ely for the CITY OF HUNTINGTON BEACH © a s_2--Jnes s C31 Chia 'City r of P uni-..r'gt n -eaci as corotem- Sec. 6,103amd, should be recorded y: City Engineer free oTa charge. Tax-Exempt-Go-iernrnent Agency A By: City Attorney CITY OF HU TINGTvhJ BEACH 37786 ------------ By:----- ---- eputy y Clerk ;, CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK September 6, 2000 Gary L. Granville County Clerk-Recorder P.O. Box 238 Santa Ana CA 92702 Enclosed please find "Acceptance of Public Improvements" for Tract 15520 to be recorded and returned to the City of Huntington Beach, Office of the City Clerk, 2000 Main Street, Huntington Beach, CA 92648. Please return a conformed copy of the acceptance when recorded to this office in the enclosed self-addressed stamped envelope. Connie Brockway, CIVIC City Clerk Enclosures Tract No. 15520—The Promenade at Seagate Walk, LLC. —s/w corner of Main Street&Promenade Parkway g:/fol lowup/tract/acceptpublici m p.doc (Telephone:714-536-5227) RECEIVED BY: • • CITY CLERK RECEIPT COPY- Return DUPLICATE to i c,\ %T Jeffrey Hughes(ext.6260) (Name) after•signing/dating ' (Date). ' CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL.COMMUNICATION f i TO: ` Shari Freidenrich, City Treasurer . ATTN: Jim Slobojan, Deputy City Treasurer I FROM: .. i DATE: SUBJECT: Bond Acceptance F i I have received the bonds for F N� NT 5�1t O (Company Name) l\ Faithful Performance Bond No: I y : Labor.and Material Bond No. -Monument Bond No. f Maintenance Bond NoMS . . t Re: Tract.No. t . 20 s CC No. MSC No: Approved Agenda Item No. i (Council Approval Date) l' - s City Clerk Vault No. �1 g1jah/bondletter.doc 4 " CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK February 6, 1998 First American Title Insurance Company 114 E 5th Street Santa Ana, California 92702 Attention: Ronald J. Gomez Regarding: Final Tract Map No. 15520 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, CA 92648. Sincerely, Connie Brockway, CIVIC City Clerk CB:cc Enclosure Received by: Dated: C (Telephone:714-536-5227) Council/Agency Meeting Held: Deferred/Continued to: Approved ❑ Conditionally A proved ❑ Denied be City erk's Signature Council Meeting Date: August 21, 2000 Department ID Number: PW 00-078 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION a SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS c)— SUBMITTED BY: RAY SILVER, City Administrator ' PREPARED BY: ROBERT F. BEARDSLEY, Director of Public Works u, SUBJECT: APPROVE THE RELEASE OF SECURITIES FOR TRACT NO 1�*520 AND ACCEPT THE PUBLIC IMPROVEMENTS Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: The Promenade at Seagate Walk, LLC, the developer of Tract No. 15520, located at the southwest corner of Main Street and Promenade Parkway, is requesting its bonds and agreement be accepted by City Council. Funding Source: Not applicable. Recommended Action: Motion to: 1. Accept the improvements constructed and dedicated for public use with Tract No. 15520; and, 2. Release the Faithful Performance/Labor and Material Bond No. 443834S and Monument Bond No. 443835S pursuant to California Government Code Section No. 66499.7(b): and, 3. Accept the Guarantee and Warranty Bond No. 443834S; the security furnished for guarantee and warranty of improvements, and instruct the City Clerk to file the bond with the City Treasurer; and, 4. Instruct the City Clerk to notify the developer, The Promenade at Seagate Walk, LLC, of this action and the City Treasurer to notify the Surety, Developers Insurance Company, of this action; and, 5. Instruct the City Clerk to record the "Notice of Acceptance of Public Improvements" (attached) with the Orange County Recorder. Alternative Action(s): Deny the recommended action. RRUEST FOR COUNCIL ACTIO MEETING DATE: August 21, 2000 DEPARTMENT ID NUMBER: PW 00-078 Analysis: On January 5, 1998, the City Council approved Final Map No. 15520 and accepted bonds, the securities furnished for Faithful Performance, Labor and Material and Monuments. The developer, The Promenade at Seagate Walk, LLC, -has completed all required public improvements, and is requesting acceptance of the work and release of the faithful performance, labor and material and monument bonds, pursuant to California Government Code Section 66499.79(a). Public improvements constructed consist of the domestic water system and appurtenances within the private streets. 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. 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. The developer has provided Guarantee and Warranty Bond No. 443834S as security. Following is a list of project data: Subdivider: The Olson Company, 3020 Old Ranch Parkway, Suite 250, Seal Beach, CA 90740 Engineer: Hall and Foreman, Inc., 203 N. Golden Circle Drive, Suite 300, Santa Ana, CA 92705 Title Co.: First American Title Insurance Company, 114 E. Fifth Street, Santa Ana, CA 92702 Surety: Developers Insurance Company, 17780 Fitch, Suite 200, Irvine, CA 92614 Location: Southwest corner of Main Street and Promenade Parkway Lots: 1 numbered lot, 3 lettered lots Acreage: 4.823 Zone: HSSP-RMH (Holly Seacliff Specific Plan - Medium High Density Residential) Environmental Status: This recommended action is a ministerial act, and is exempt from the requirements of the California Environmental Quality Act, pursuant to State CEQA Guidelines, Cal. Admin. Code, Title 14, Chapter 3, Section 15268(b), Attachment(s): City Clerk's Page Number No. Description 1 Location Map 2 Guarantee and Warranty Bond No. 443834S 3 Acceptance of Public Improvement Form RCA Author: T. Elliott Tract 15520 RCA Acceptance -2- 08/01/00 9:38 AM ATTACHMENT 1 ` - - - IMM 7 .� ram. l ` MARNIR R[+Rt'A Fzn /YOLM" w ADA►D M"AIOM PROJECT ATLANTA Parcel 2 Parcel 1 it v' f ?yJ �C+ JJ VICINITY MAP CUP 97-59 HUNTINGTON BEACH HLINTINGTON BEACH PLANNING DIVISION Recording requested by, and when recorded return to: Connie Brockway,City Clerk Office of the City Clerk CITY OF HUNTINGTON BEACH P.O.Box 190—2000 Main Street Huntington Beach,Ca. 92648 (Space above this line for Recorder's use only) ACCEPTANCE OF PUBLIC IMPROVEMENTS (Huntington Beach Zoning and Subdivision Ordinance Section 255.22) PLEASE TAKE NOTICE THAT on July 24, 2000 the City Engineer considered the subdivision improvements described below, and found them to have been completed satisfactory and accepted, as limited by Huntington Beach Zoning and Subdivision Ordinance Section 255.22(A), the improvements for public use. Further, the public improvements for the subdivision(s)have been dedicated to.the City of Huntington Beach, as described on Final Map No. 15520. Public improvements constructed consist of all the domestic water system and appurtenances within the private streets as defined and conditioned by the City on Tentative Map 15520. The Foregoing instrument is the City Clerk's Original Document Reflecting City Council Action Taken at City Council Meeting Submitted for Recordation by the Orange County Recorder. Attest 9 6 2000 City Clerk and Ex-officio Clerk of he C't����e�puty of Huntington Beach, California By This dccu-nent is solely four the CITY OF HUNTINGTON BEACH rF' n~i 1.'14.1 C1ty, fs4..x 5..3e;_c:;:A I:• '1, as contetll- Se.c. 6,103 and shouid be recorded y: City Engineer free oa ciriarge. zs Tax- Aency A'By: City Attorney �— CITY OF HUiW TINGTOid BEACH_ 37786 By:... .. :..... eputy lerk CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK September 6, 2000 The Promenade at Seagate Walk, LLC The Olson Company 3020 Old Ranch Parkway, Suite 250 Seal Beach, CA 90740 Re: Tract No. 15520—Release of Securities &Acceptance of Public Improvements Please be advised that on Ti4 5,-2689the City Council of the City of Huntington Beach took the"following action: (City Council) Approved the Release of Securities for Tract No. 15520 and Accepted the Public Improvements— Promenade at Seagate Walk, LLC—s/w corner of Main Street and Promenade Parkway (420.60) — 1. Accepted the improvements constructed and dedicated for public use with Tract No. 15520; and 2. Released the Faithful Performance/ Labor and Material No. 443834S and Monument Bond No. 443835S pursuant to California Government Code Section No. 66499.7(b); and 3. Accepted the Guarantee and Warranty Bond No. 443834S; 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, The Promenade at Seagate Walk, LLC., of this action, and the City Treasurer to notify the surety, (Developers Insurance Company) of this action; and 5. Instructed the City Clerk to record the Notice of Acceptance of Public Improvements with the Orange County Recorder. Sincerely, Connie Brockway, CIVIC City Clerk CB:jh g:lfollowup/tract/acceptpublicim p-notice.doc (Telephone:714-536-5227) • • RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Approve the Release of Securities for-Tract No. 15520 and Accept the Public Improvements COUNCIL MEETING DATE: August 21, 2000 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorne ) Not Applicable Financial Impact Statement Unbudget, over $5,000 Not Applicable Bonds (If applicable) Attached Staff Report If applicable) Not Applicable Commission, Board or Committee Report If applicable) Not Applicable Find in s/Conditions for Approval and/or Denial Not Applicable EXPLANATION "FOR"MISSING.ATTACHMENTS N REVIEWED. RETURNED :FORWARDED, Administrative Staff Assistant City Administrator Initial City Administrator Initial City Clerk s. EXPLANATION=FOR" RETURN O,F, ITEM Only)(Below Space For City Clerk's Use RCA Author: T. Elliott �! • lt:Ce Notes Office o the City Clerk Huntington Beach, California Z2 � GJ �ZQ _- Lz1a q Goo ` d 1 AUTHORIZATION OF MAP RELEASE TO TITLE CO. TO: Christine Cleary Deputy City Clerk FROM: Bruce Crosby Civil Engineer Assistant DATE: February 5, 1998 TRACT NO.: 15520 TITLE CO.: First American Title Insurance Co., 114 E 5th St., Santa Ana, Ca. 92702 PHONE NO.: (714) 558-3211 TITLE OFFICER: Ronald J. Gomez ORDER NO: 9738391 I hereby certify that all Public Works fees, bonds, agreements and insurance requirements have been complied with. �2 Bruce P. Cro k y 30139 NOTICE OF COMPLIANCE WITH CONDITIONS ON TRACT/PARCEL MAP AND AUTHORIZATION FOR RELEASE FOR RECORDING TO: CITY CLERK DATE: FROM: COMMUNITY DEVELOPMENT Howard Zelefsky TRACT NO. PARCEL MAP NO. PARK AND RECREATION FEES PAID: 13 YES $ 0 NO OTHER: •ram{c-{! �z t.� i, for: Howard Zelefsky Planning Director S NOTICE O)WOMPLIANCE WITH $DNDITIONS ON TRACT/PARCEL MAP AND AUTHORIZATION FOR RELEASE FOR RECORDING TO: CITY CLERK DATE: "�1N - 41) 1,901 yp FROM: COMMUNITY DEVELOPMENT Howard Zelefsky TRACT NO. PARCEL MAP NO. Non PARK AND RECREATION FEES PAID: YES $ ❑ NO OTHER: !GK' f Is� -S Howard Zelefsky Planning Director 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 COUNCILIREDEVELOPMENT AGENCY APPROVED ITEM DATE: '30, Q�8 TO: ��� _ ATTENTION: Name Str3o/D D,,Qg( ea� AL� .�o DEPARTMENT: REGARDING: City,State,Zip See Attached Action Agenda Item Date of Approval $ Enclosed For Your Records Is An Executed Copy Of The Above Referenced Item For Your Records. Connie Brockway City Clerk Attachments: Action Agenda Page Agreement ✓ Bonds Insurance RCA Deed Other Remarks: ame repartment RCA Agreement Insurance Other hn Department RCA Agreement Insurance Other �a a n� Departjnent .p RCA Agreement Insurance Other Risk Manage ent Department Insurance Copy I i G:Fol lo,,-.•up/agrmts/transltr (Telephone:714-536-5227) Council/Agency Meeting Held: J 15199 Deferred/Continued to: l-Arove ❑ C nditional y Approved ❑ Denied 9'`4u-z` City Clerk' Signature T o Council Meeting Date: January 5, 1998 Department ID Number: CD 97-69 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, Acting City Administrator V PREPARED BY: MELANIE S. FALLON, Community Development Director WL SUBJECT: FINAL TRACT MAP NO. 15520 OF TENTATIVE TRACT MAP NO. 14661, WITH BONDS AND AGREEMENTS (BEACH TERRACES) Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status, Attachment(s) Statement of Issue: Final Tract Map No. 15520 located at the southwest corner of Main Street and Promenade Parkway is being submitted for City Council approval. r a h T Funding Source: Not applicable. GNC .. X rn Recommended Action: Zn r Motion to: '-,t 1. "Approve Final Tract Map No. 15520 and accept the offer of dedication and' improvements and bonds pursuant to findings and requirements (Attachment No. 1); and; 2. Approve Subdivision Agreement between the City and The Olson Company and authorize execution by the Mayor and City Clerk." Alternative Action(sl: The City Council may make the following motion: A. "Deny Final Tract Map No. 15520 and reject the offer of dedication, improvements, and bonds." 1 II *QUEST FOR COUNCIL ACTIFN MEETING DATE: January 5, 1998 DEPARTMENT ID NUMBER: CD 97-69 Analysis: A. PROJECT PROPOSAL: SUBDIVIDER: The Olson Company 3010 Old Ranch Parkway, Suite 400 Seal Beach, CA 90740 ENGINEER: Hall and Foreman Inc. 13821 Newport Avenue, Suite 200 Tustin, CA 92680 LOCATION: Southwest corner of Main Street and Promenade Parkway. ZONE: HSSP-RMH (Holly Seacliff Specific Plan-Medium High Density Residential) GENERAL PLAN: RMH-25.0-sp (Residential Medium High Density-Specific Plan Overlay) NO. OF ACRES: 4.823 acres NO. OF NUMBERED LOTS: 1 NO. OF LETTERED LOTS: 3 NO. OF UNITS: 38 units DISCUSSION: On August 24, 1993 the Planning Commission approved Tentative Tract Map No. 1,4661 to subdivide a 47-acre parcel. Final Tract Map No. 15520 represents a 4.823 acre portion of that tentative map. On October 28, 1997 the Planning Commission approved an 80-unit townhome project (Beach Terraces) of which 38 units are located on Final Tract Map No. 15520. The entire project consists of affordable units. The subdivider will satisfy the Park and Recreation requirement through the use of land dedication credits for 1.06 acres in the future Harriett M. Wieder Regional Park. The final map has been examined and certified by the City Engineer 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. CD97-69.DOC -2- 12/17/97 12:40 PM *QUEST FOR COUNCIL ACTIN MEETING DATE: January 5, 1998 DEPARTMENT ID NUMBER: CD 97-69 Environmental Status: This action to accept Final Tract Map No. 15520 is exempt from the requirements of the California, Environmental Quality Act, Section 15628(b). Environmental Impact Report No. 89-1 was approved by the City Council in 1990. Attachment(sl: City Clerk's Page Number ................................................... _............._.. . 1. Findings Requirements for Acceptance of Final Ma ........... ......... 9 q P p ......... .. - ............. ........... ............. ..... . .......... .............. ....... ............... .... ....... .............. ..... - ....... ................. ..... ......... 2. Area Map 3. Tentative Tract Map No. 14661 with site plan 4. Tentative Tract Map No. 14661 Findings and Conditions of Approval 5. Subdivision Agreement 6. Bonds (Monument, Labor and Materials, Faithful Performance) CD97-69.DOC -3- 12/17/97 12:40 PM i • SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND THE OLSON COMPANY FOR TRACT NO. 15520 THIS AGREEMENT is entered into this day of , 199 g , by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY," and the OLSON COMPANY, a California corporation, 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. 15520; 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 Chapter 225 of CITY'S Zoning and Subdivision Ordinance. 1 jmp/k/g:agree/tr15520/12/9/97 NOW, THEREFORE, in consideration of the promises and agreements of the parties as herein set forth, the parties agree as follows: 1. GENERAL IMPROVEMENTS 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, services and installation of meters; engineering costs; and any other deposits, fees or conditions as required by CITY ordinance or resolution and as may be required by the City Engineer. 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, unless the tract map conditions require an earlier completion date, and all labor and material bills therefor shall have been paid by SUBDIVIDER. CITY may withhold all occupancy permits until completion of improvements. 2. ARTERIAL HIGHWAY HAPROVEMENT SUBDIVIDER agrees to complete all arterial highway improvements, including perimeter walls and landscaping required by conditions of the tract map, prior to release or connection of utilities for occupancy for any lot in the Tract. 2 jmp/k/g:agree/tr1 5 5 2 0/1 2/9/9 7 3. GUARANTEE SUBDIVIDER shall guarantee all work and material required to fulfill its obligation as stated herein for a period of one (1)year following the date of City Council acceptance of same. 4. PLANT ESTABLISHMENT WORK SUBDIVIDER agrees to perform plant establishment work for landscaping installed under this Agreement. Said plant establishment work-shall consist of adequately- watering plants, replacing unsuitable plants, doing weed, rodent and other pest control and other work determined by the Public Works Department to be necessary to insure establishment of plants. Said plant establishment work shall be performed for a period of one (1)year from and after City Council accepts the work as complete. 5. IMPROVEMENT PLAN WARRANTY SUBDIVIDER warrants the improvement plans for the work are adequate to accomplish the work as promised in Section 2 and as required by the Conditions of Approval for the Subdivision. If at any time before the City Council accepts the work as complete or during the one year guarantee period, said improvement plans prove to be inadequate in any respect, SUBDIVIDER shall make whatever changes are necessary to accomplish the work as promised. 6. NO WAIVER BY CITY Inspection of the work and/or materials, or approval of work and/or materials or statement by any officer, agent or employee of the CITY indicating the work or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of said work and/or materials, or payments therefor, or any combination or all of these acts, shall not 3 jmp/k/g:agree/tr15520/12/9/97 relieve the SUBDIVIDER of his obligations to fulfill this Agreement as prescribed; nor shall the CITY by thereby be stopped from bringing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 7. COSTS SUBDIVIDER shall pay when due, all the costs of the work, including inspections thereof and relocating existing utilities required thereby. 8. SURVEYS SUBDIVIDER shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the CITY before acceptance of any work as complete by the City Council. 9. IMEPROVEMENT SECURITY Upon executing this Agreement, the SUBDIVIDER shall, pursuant to Government Code Section 66499, and the Huntington Beach Zoning and Subdivision Ordinance, provide as security to the City: A. Faithful Performance: For performance security, in the amount of Three Hundred Eleven Thousand Five Hundred Dollars($311,500)which is one hundred percent (100%) of the estimated cost of the work. Such additional security is presented in the form of Cash, certified check, or cashier's check. Acceptable corporate surety bond. Acceptable irrevocable letter of credit. 4 jmp/k/g:agree/tr1 5 520/12/9/97 With this security, the SUBDIVIDER guarantees performance under this Agreement and maintenance of the work for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Labor and Material: Security in the amount of$155,750 which is fifty percent (50%) of the estimated cost of the work. Such security is presented in the form of: Cash, certified check, or cashier's check Acceptable corporate surety bond Acceptable irrevocable letter of credit. With this security, the SUBDIVIDER guarantees payment to the contractor, to his subcontractors, and to persons renting equipment or furnishing labor or materials to them or to the SUBDIVIDER. SUBDIVIDER may, during the term of this Agreement, substitute improvement security provided that the substituted security is acceptable to the City Attorney; however, any bond or other security given in satisfaction of this condition shall remain in full force and effect until the work of improvement is finally accepted by CITY and SUBDIVIDER may be required by CITY to provide a substitute security at any time. 10. INDEMNIFICATION, DEFENSE, HOLD HARMLESS SUBDIVIDER shall defend, hold harmless and indemnify CITY and its elective and appointive boards, commissions, officers, agents and employees against any liability or claim for damage of any kind allegedly suffered, incurred or threatened, including personal injury, death, property damage, inverse condemnation, or any combination of these, and resulting from any act 5 jmp/k/g:agree/tr1 5 520/12/9/97 or omission(negligent or non-negligent) in connection with the matters covered by this Agreement, but save and except those that arise from the sole active negligence or willful misconduct of CITY. The promise and agreement in this Section are not conditioned or dependent on whether or not the CITY has prepared, supplied, or reviewed any plan(s) or specifications(s) in connection with this work or subdivision, or has insurance or other indemnification covering any of these matters. 11. INSURANCE . In addition to SUBDIVIDER'S covenant to indemnify CITY, SUBDIVIDER shall obtain and furnish to CITY a policy of general public liability insurance, including motor vehicle coverage. Said policy shall indemnify CITY, its officers, agents and employees, while acting within the scope of their duties, against any and all claims of arising out of or in connection with this Agreement, and shall provide coverage in not less than the following amount: combined single1imit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of$1,000,000 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than $1,000,000. Said policy shall name City of Huntington Beach, its officers, and employees as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to this Agreement shall be deemed excess coverage and that SUBDIVIDER'S insurance shall be primary. Under no circumstances shall said abovementioned insurance contain a self-insured retention, or a"deductible" or any other similar form of limitation on the required coverage. 6 jmp/k/g:agreehr15520/12/9/97 Prior to commencing performance of the work hereunder, SUBDIVIDER shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; said certificates shall: 1. provide the name and policy number of each carrier and policy; 2. shall state that the policy is currently in force; 3. shall promise to provide that such policies will not be canceled or modified without thirty(30) days prior written notice of CITY; 4. and shall state as follows: "The above detailed coverage is not subject to any deductible or self-insured retention, or any other form of similar type limitation." SUBDIVIDER shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by SUBDIVIDER under this Agreement. CITY 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. NON-PERFORMANCE AND COSTS If SUBDIVIDER fails to complete the work within the time specified in this Agreement, and subsequent extensions, or fails to maintain the work, the CITY may proceed to complete and/or maintain the work by contract or otherwise, and SUBDIVIDER agrees to pay all costs and charges incurred by the CITY(including, but not limited to: Engineering, Inspection, surveys, contract, overhead, etc.) immediately upon demand. 7 jmp/k/g:agreehr15520/12/9/97 SUBDIVIDER hereby consents to entry on the subdivision property by the CITY and its forces, including contractors, in the event the CITY proceeds to complete and/or maintain the work. Once action is taken by CITY to complete or maintain the work, SUBDIVIDER agrees to pay all costs incurred by the CITY, even if SUBDIVIDER subsequently completes the work. Should CITY sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work, SUBDIVIDER agrees to pay all attorney's fees, and all other expenses of litigation incurred by CITY in connection therewith, even if SUBDIVIDER subsequently proceeds to complete the work. 13. RECORD MAP In consideration hereof, CITY shall allow SUBDIVIDER to file and record the Final Map or Parcel Map for said Subdivision. Balance of page intentionally left blank. 8 j mp/k/g:agree/tr 1 5 3 20/12/9/97 IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. THE OLSON OMPANY CITY OF HUNTINGTON BEACH, A municipal corporation of the State of -'California h By: ert M. Bu , President � � By: aY or renda Olson, Secretary ,..,ATTEST: _ REVIEWED AND APPROVED: • City Clerk Administrator APPROVED AS T FORM: City ttorney 1 INITIATED AND APPROVED: �2 t V City Engineer 9 jmp/k/g:agree/tr1 5 520/12/9/97 SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND THE OLSON COMPANY FOR TRACT NO. 15520 TABLE OF CONTENTS Section Page 1 General Improvements ...........................................................................................2 2 Arterial Highway Improvement ..............................................................................3 3 Guarantee...............................................................................................................3 4 Plant Establishment Work.......................................................................................3 5 Improvement Plan Warranty...................................................................................3 6 No Waiver by City..................................................................................................4 7 Costs.....................................................................................................................4 8 Surveys.................................................................................................................4 9 Improvement Security 4 10 Indemnification, Defense, Hold Harmless................................................................6 11 Insurance................................................................................................................6 12 Non-Performance and Costs...................................................................................7 13 Record Map...........................................................................................................8 . 1 g o Qc� Y�Iax DATE(MM/DD/YY) ACORD CERTIFICA OF LIABILITY INSU C 8R A l 10/17/97 B , LAMIT PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE NHC Insurance Services Inc HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 3848 Carson Street #100 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Torrance CA 90503 COMPANIES AFFORDING COVERAGE ANA BELLO COMPANY Phone No. 310—5 4 0—5 3 3 2 Fax No. A TUDOR INSURANCE COMPANY INSURED COMPANY 7-A.- x 155-D0 B GAINSCO THE OLSON COMPANY, ALAMITOSpir6yeeQ COMPANY BUILDING C 3010 Old Ranch Parkway #400 COMPANY Seal Beach CA 90740 D CNA INSURANCE COMPANIES 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 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE(MM/DD/YY) DATE(MM/DD/YY) GENERAL LIABILITY GENERAL AGGREGATE $2 0 0 0 0 0 0 A X COMMERCIAL GENERAL LIABILITY GL00001226 05/01/97 05/01/98 PRODUCTS-COMP/OPAGG $ 1000000 CLAIMS MADE F_X]OCCUR PERSONAL&ADV INJURY $ 1000000 X OWNER'S&CONTRACTOR'SPROT EACH OCCURRENCE $ 1000000 FIRE DAMAGE(Any one fire) $5 0 0 0 0 MED EXP(Any one person) $5 0 0 0 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1000000 ANY AUTO ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) B X HIRED AUTOS GPP628120 05/01/97 05/01/98 BODILY INJURY $ X NON-OWNED AUTOS (Per accident) AP?r'R -`% - ri PROPERTY DAMAGE $ GARAGE LIABILITY ,,.-,.•/,q 'V AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $5000000 C pq UMBRELLA FORM 3200916897 05/01/97 05/01/98 AGGREGATE $5000000 OTHER THAN UMBRELLA FORM $ WORKERS COMPENSATION AND WC S LIMI- OTH- EMPLOYERS'LIABILITY TORY LIMITS ER EL EACH ACCIDENT $1000000 D THE PROPRIETOR/ ]( INCL WC1120731549 11/01/96 11/01/97 EL DISEASE-POLICY LIMIT $1000000 PARTNERS/EXECUTIVE OFFICERS ARE: EXCL EL DISEASE-EA EMPLOYEE $ 10 0 0 0 0 0 OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED. /Sf2 0 CERTIFICATE HOLDER CANCELLATION CITYHB1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL MAIL CITY OF HUNTINGTON BEACH, ITS 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, AGENTS, OFFICERS AND EMPLOYEES 2000 MAIN STREET HUNTINGTON BEACH CA 92648 AUTHORIZED REPRESEPWATIVE ANA BELLO ACORD 25-S(1/96) . ©ACORD CORPORATION 1988 CG 2010 11 85 COMMERCIAL GENERAL LIABILITY POLICYNLiMBER: GL00001226 TNTSURED: THE OLSON COMPANY AND ALAMITOS BUILDING, INC. THIS EN.DORS.EMENT.CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) The endorsement ntodities insurance provided under the following: CONENtERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: CITY OF HUNTINGTON BEACH, ITS All operations AGENTS, .OFFICERS AND EMPLOYEES (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AIN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only as respect to liability arising out of"your work" for that insured by or for you. The Narned Insured shall not be obligated to indemnify any party for claims arising from the sole negligence or willful misconducts of the owner, general contractor, other subcontractors, their agents or employees. CG 2010 1185 Copyright, Insurance Services Office, Inc., 1984 �.0 i c �, ,#b �V '�1� � .�,. ,v �. �,, T r �� ,� �� • _ ';. '� � 6k ,^�. a�� �, .. �, �.. ,,��� �{ �� r.,�, +�,., ....,� ";:.•;.y V. S ��. N �:.... ..-=. ATTACHMENT NO. 1 FINDINGS AND REQUIREMENTS FOR ACCEPTANCE OF FINAL MAP Findings for Acceptance of Final Map: 1. Final Tract Map No. 15520 is in conformance with the California Subdivision Map Act, the City of Huntington Beach Subdivision Ordinance and Tentative Tract Map No. 14661 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 bonds with the City Treasurer: a. Faithful Performance Bond No. 443834S as presented in Attachment No. 6 b. Labor and Material Bond No. 443834S as presented in Attachment No. 6 c. Monument Bond No. 443835S as presented in Attachment No. 6 3. Instruct the City Clerk not to affix her signature to the map nor release it for preliminary processing by the County of Orange for recordation until the following conditions have been complied with for the map: a. A deposit of fees for water, sewer, drainage, engineering, and inspections shall be provided; b. A Certificate of Insurance shall be submitted; c. Drainage for the subdivision shall be approved by the Department of Public Works prior to recordation of the final map; d. An approved Subdivision Agreement shall be submitted(Attachment No. 5); e. Payment of Park and Recreation In-Lieu Fees. `'- ��`��x..1 4Y''if r ' �. "e h'. ;� ;4 k �� h �"::.,k� ,�; • .... • � J - � �. _�G`.� .. .� ,1� A, ' �', R�' �� �.^. � y�.. .. ''.4: f of q� f ..( r ky���` �)4... kS .'k��yj�4� �t Ev ��a'?.vrn..�M'�S. a i — — ---� EDINGM WARNER SLATER L A TAUMT 7� ELLIS p L T GARFIZIM 7Y.ORKTOWN / / ADAM /INDIANAPOLIS ATLANTA ELAMELTON O BANNING • F 1 R� TT 14661 HUNTINGTON BEACH PLANNING DIVISION �, ,. :�� ' x, • 7 f �� 4` R4'Y14iNt'ii: k' (nY.jT 1 �.. � �'� �� .. �� 'k � ,* � � �wr: ��"�k s A �:. ' 4. � ` � b� '� ��.& �F +k. MDTIES ... r _ . 1�10 USE ff .,.�A , I ' ), \ ---ter4 w AVr �• .. 11 •..r; RM /�,;•, a-se << ;., '. _ r; , `� I i/ LEGALf1ESCRIRION _ ' N ,.. _. _ /� —. ...' —- - �r-, •' •,.'��, '•,%i1R I FUTUE RESRIEM4LL ' p: I I^I III m+ YI t r u•..� e—.... r "1 � -• / ` S: � � ,r•.., STATEMENT Q (K ON'NERSNIP ` I 1 I I li 1 t I r ,i • ' 1 ry' ' /1 .I 1 ' � i , rL),— '�r � i � 1._____ � ______, _____ 1 ___ _.___ vl� F ", ' � 1ST i i�.""V.'i_-r•�_�..=_—..}14'M1 p i , I � � ,,, .1 •I �;��•, r+,. I .—.�—=o- ,: �i' !' O s,,,.} 1"'= '91 .a i u� i �¢"• , 11 , I I Itf con �,. 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Wmi�emYJL.Ra.m OalurllcRsm.wDo1.• ' Rfm•R.t aW1LL ar.q�rar[aw � ` ' MYtM1M®tOR1b WLL N rwwrrrr[.rarr�,�~�rgrraawD N.aMaev.� YYarFYwwll / Din YrW>•fPa., / /, R�vT��f���•• ar Y: IrPa LalaL I WIY ID.IIY 1 1 RC rr.rrr 1 , /� // Y[.Iai.Rbt UIIIOM•fYD .�E1fJJ� R!� SITE PLAN l �1 BEACH TERRACES LPL— �`�"1' COURTYARD TOHNHOMPS try' illlllllllllllillllllllllllllll I �/ H 0 L L Y S E A C I.I P P Idzm A S T E R P L A N ' "� (f��r Wi�am H a61aldl �I HUNTINCTON REACH. CALIPORNIA /1►CIYII?CISr a1C. skid.v.A THE CIS PANY Y..fIPe AP HOLM /, MtY�D a1Ds /, I I d r . a t 5s 15 L • Huntington Beach Planning Commission P.O. BOX 190 CALIFORNIA 92648 Date: August 27. 1993 NOTICE OF ACTION Applicant: Seacliff Partners, 520 Broadway, Suite 100, Santa Monica, CA 90401 Subject: TENTATIVE TRACT NO. 14661/CONDITIONAL USE PERMIT NO. 92-48 Your application was acted upon by the Huntington Beach Planning Commission on August 24 , 1993 and your request was: WITHDRAWN APPROVED APPROVED WITH CONDITIONS XX (see attached) DISAPPROVED TABLED CONTINUED UNTIL Under the provisions of the Huntington Beach Ordinance Code, the . action taken by the Planning Commission is final unless an appeal is filed to the City Council by you or an interested party. Said appeal must be in writing and must set forth in detail the actions and grounds by and upon which the applicant or interested party deems himself aggrieved. Said appeal must be accompanied by a filing fee of five hundred ($500) dollars and be submitted to the City Clerk' s office within ten (10) days of the date of the Commission' s action. . In your case, the last day for filing an appeal and paying the filing fee is September 3 . 1993 Provisions of the Huntington Beach Ordinance Code are such that any: application becomes null and void one (1) year after : final. ap.pr.oval, unless actual construction has started. t. (7339d-3) ,' J� Huntington Beach Planning Commission P.O. BOX 190 CALIFORNIA 92648 August 27, 1993 Seacliff Partners 520 Broadway, Suite 100 Santa Monica, CA 92608 SUBJECT: TENTATIVE TRACT NO. 14661/CONDITIONAL USE PERMIT NO. 92-48 REQUEST: Subdivide a 47 acre parcel into 24 lots for the development of 306 condominiums . LOCATION: Northwest corner of Garfield and Gothard Street DATE OF APPROVAL: August 24 , 1993 FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO, 92-48 : 1. The proposed 24, lot subdivision will be compatible with adjacent properties, uses because of compliance with the mitigation measures in Final Environmental Impact Report No . 89-1 and the Holly Seacliff Specific Plan. 2 . The establishment of the 24 lot subdivision will not be detrimental to the general welfare of persons working or residing in the vicinity and not detrimental to the value of the property and improvements in the neighborhood. 3 . On-site parking and circulation are adequate for the proposed 24 lot subdivision and will not have the potential of creating. congestion and circulation hazards . 4 . Ingress and egress to the site does not have the potential of creating additional traffic impacts to .the intersections along Goldenwest Street and Gothard and Ellis Avenue. 5 . The granting of Tentative Tract No. 14661 and Conditional Use Permit No. 92-48 for a 24 lot subdivision will not adversely affect the General Plan of the City of Huntington Beach. (7340d-10) Tentative Tract No. 14661/ Conditional Use Permit No. 92048 Page Two 6. The location, site layout, and design of the proposed 24 lot subdivision properly adapts the proposed structures to_ streets, driveways, and other adjacent structures and uses in a harmonious manner. 7 . The density transfer of 20 units from Planning Unit II-4 to Planning Unit II-3 is consistent with the maximum number of permitted units in the City' s General Plan and Holly-Seaclif£ Specific Plan. FINDINGS FOR APPROVAL - TENTATIVE TRACT NO. 14661: 1. The size, depth, frontage, street width, and other design features of the proposed subdivision for Tentative Tract No. 14661 are in compliance with the standard plans and specifications on file with the City as well as in compliance with the State Subdivision Map Act and the supplemental City Subdivision Ordinance. 2 . The property was previously studied for this intensity of land use at the time that the General Plan designation of residential low density and the Holly Seacliff Specific Plan (12 units per gross acre) were implemented. 3 . The General Plan has set forth provisions for medium density residential as well as setting forth objectives for the implementation of this type of use. 4 . The site is relatively flat and physically suitable for the proposed density of 15 . 9 units per gross acre. 5 . Tentative Tract No. 14661 for a 24 lot subdivision is consistent with the goals and policies of the Huntington Beach General Plan. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 92-48 : 1. The site plan, floor plans, and elevations received and dated. August 16, 1993 shall be the conceptually approved layout modified to portray the following: a . Thirty (30) foot average width, minimum 20 foot dimension windrow corridor adjacent to Promenade Parkway. (7340d-11) Tentative Tract No. 14661/ Conditional Use Permit No. 92048 Page Three b. Provide offsets in the fencing adjacent to Garfield Avenue,. subject to approval of the Department of Community . Development . 2. Prior to submittal for building permits, the applicant/owner shall complete the following: a. Submit three copies of the site plan to the Planning Division for addressing purposes . If street names are necessary, submit proposal to Fire Department for review and approval . b. Depict all utility apparatus, such as but not limited to backflow devices and Edison transformers, on the site plan. They shall be prohibited in the front and exterior yard setbacks unless properly screened by landscaping or other method as approved by the Community Development Director. c. Floor plans shall depict natural gas and 220V electrical shall be stubbed in at the location of clothes dryers; natural gas shall be stubbed in at the - locations of cooking facilities, water heaters, and central heating units; and low-volume heads shall be, used on all spigots and water faucets . d. If foil-type insulation is to be used, a fire retardant type shall be installed as approved by the Building Department and indicated on the floor plans . e. The structures on the subject property, whether attached or detached, shall be constructed in compliance with the State acoustical standards set forth for units that lie within the 60 CNEL contours of the property. Evidence of compliance shall consist of submittal of an acoustical analysis report, prepared under the supervision of a person experienced in the field of acoustical engineering, with the application for building permit(s) . f. Elevations shall depict proposed colors and building materials . (.7340d-12) Tentative Tract No. 14661/ Conditional Use Permit No. 92048 Page Four g. A detailed .soils analysis shall be prepared by a registered Soils Engineer. This analysis shall include on-site soil sampling and laboratory testing of materials to provide detailed recommendations regarding grading, chemical and fill properties , foundations , retaining walls, streets, and utilities . h. The site plan shall include (or reference page) all conditions of approval imposed on the project printed verbatim. i . Entries to private streets shall be delineated by decorative pavement. 3 . Prior to issuance of building permits, the applicant/owner shall complete the following: a. Submit copy of the revised site plan, floor plans and elevations pursuant to Condition No. 1 for review and approval and inclusion in the entitlement file. b. A Landscape Construction' Set must be submitted to the Departments of Community Development and Public Works and must be approved. The Landscape Construction Set shall include a landscape plan prepared and signed by a State Licensed Landscape Architect and which includes all proposed/existing plant materials (location, type, size, quantity) , an irrigation plan, a grading plan, an approved site plan, and. a copy of the entitlement conditions of approval . The landscape plans shall be in conformance with Section 9608 of the Huntington Beach Ordinance Code and Holly Seacliff Specific Plan. The set must be approved by both departments prior to issuance of building permits . Any existing mature trees that must be removed shall be replaced at a minimum of 1 to 1 ratio with minimum 36-inch box trees, which shall be incorporated into the project' s landscape plan. Prior to removal of any of the windrow trees and/or landscape materials which comprise the current windrow massing, a common area, perimeter windrow mitigation implementation landscape plan shall be submitted and approved by the Department of Community Development. The implementation plan shall include a site plan, a landscape material pallet, the number, size and variety of species and a phasing schedule for implementation of all perimeter landscaping . (7340d-13) Tentative Tract No. 14661/ Conditional Use Permit No . 92048 Page Five c. A grading plan shall be submitted .to the Department of Public Works for review and it must be approved (by issuance of a grading permit) . A plan for silt control for all water runoff from the property during construction and initial operation of the project may be required if deemed necessary by the Director of Public Works . d. Hydrology and hydraulic studies shall be submitted for Public Works approval . e. Final Tract Map shall be accepted by the City Council, recorded with the Orange County Recorder and' a copy filed . with the Department of Community Development. f . Provide an infrastructure and development phasing plan. g. Common landscape areas shall be landscaped or a bond shall be posted, by phases . h. The applicant shall be subject to an Affordable Housing .Plan as required by the Holly-Seacliff Specific Plan. 4 . The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 5. All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off-site facility equipped to handle them. 6 . Installation of common area required landscaping and irrigation systems shall be completed prior to final inspection of each phase. 7. During construction, the applicant shall : a. Use water trucks or sprinkler systems in all areas where vehicles travel to keep damp enough to prevent dust. raised when .leaving the site; b. Wet down areas in the late morning and after work is completed for the day; c. Attempt to phase and schedule construction activities to avoid high ozone days (first stage smog alerts) ; d. Discontinue construction during second stage smog alerts . 8 . Construction shall be limited to Monday - Saturday 7 : 00 AM to 8 : 00 PM. Construction shall be prohibited Sundays and Federal. holidays . (7340d-14) Tentative Tract No. 14661/ Conditional Use Permit No. 92048 Page Six 9 . Promenade Parkway shall be public and security are gates prohibited. 10 . Conditional Use Permit No. 92-48 shall become null and void unless exercised within two (2) years of the date of final approval, or such extension of time as may be granted by the Planning Commission pursuant to a written request submitted to the Planning Department a minimum 30 days prior to the expiration date. CONDITIONS OF APPROVAL - TENTATIVE TRACT 14661: 1. The tentative tract map received and dated August 16, 1993, shall be the approved layout with the following modifications: a. Comply with windrow mitigation measure compliance design. 2. The following conditions are required to be completed prior to recordation of the Final Map unless otherwise stated. Bonding may be substituted for construction in accordance with provisions of the Subdivision Map Act: a. Irrigation for landscape areas shall be designed to connect to future reclaimed or subpotable water supply, to the extent allowed by the State Department of Health Services, and to the extend required per Development Agreement No. 90-1 as determined by the City Engineer. b. The developer shall submit for review and approval by the Public Works Department, separate, 24" x 36" water improvement plans, showing service connections to all lots, fire hydrants, valves and other appurtenances . c. The water system shall be located within vehicular travelways and shall be dedicated to the City. The Homeowners Association shall be responsible for repairing an enhanced pavement if the water facilities require repair or maintenance. d. An approved backflow device shall be installed on each domestic water service per Public Works Standard Plan No. 609 . (7340d-15) Tentative Tract No. 14661/ Conditional Use Permit No. 92048 Page Seven e. Sewer systems. within private, interior tract streets shall be owned and maintained by the homeowner-s . association. f . Interior street and utilities therein shall be designed and constructed in accordance with the Department of Public Works Standards . g. Signing, striping, and street lighting shall be designed and constructed in accordance with Public Works Standards . h. All vehicular access rights to Gothard Street, Garfield Avenue and Main Street shall be released and relinquished to the City of Huntington Beach except at locations approved by the Planning Commission. i . Interior streets shall have minimum 200 foot centerline radii . j . Open spaces, areas other than dedicated four (4) acre public park, shall be maintained by the Homeowners Association. . k. Gothard Street shall be dedicated and fully improved (full width) along the boundary of this tract, per the Holly Seacliff Specific Plan. 1. The engineer or surveyor preparing the final map shall tie, the boundary of the map into the Horizontal Control System established by the County Surveyor in a manner described in Sections 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18 . m. The engineer or surveyor preparing the final map shall submit to the County .Surveyor a digital-graphics file of said map in a manner described in Sections 7-9-330 and 7-9-337 of the Orange County Subdivision Manual, Subarticle 18 . n. All existing , and future utilities shall be installed underground, with the exception of 66KV lines. 3 . Fire Department conditions are as follows : a. Fire Protection Plan pursuant to Fire. Department Specification 426 will be required to be completed prior to release ,of building. permits . (7340d-16) Tentative Tract No . 14661/ Conditional Use Permit No. 92048 Page Eight 1. Besides general fire safety concerns, this plan includes tasks for roadway and hydrant installation prior to building permit releases . b. Adequate turning radius minimum 17 foot by 45 foot must be provided for turnarounds, intersections and corners to comply with Fire Department Specification 401 . The following have been identified on plan dated 12/15/92 : 1. "Q" Street and "U" Street 2. "U" Street and "V" Street 3 . "Q" Street where it joins "N" Street 4 . "N" Street and "V" Street 5 . "T" Street and "CC" Street 6 . "BB" Street and "R" Street 7. Emergency secondary access "EE" Street to "E" Street 8 . Hammerhead Turnarounds at intersections of "J" and "K "H" and "G" ; and "M" and "L" Streets . c. Secondary emergency access must be provided (no trees permitted) using "EE" to "E" Streets from Portside to Cove Complexes must be Fire Department minimum of twenty-four (24) feet. d. All roadways which are less than 40 feet in width must be posted as fire lanes and must have no parking areas posted and marked pursuant to Fire Department Specification 415 . e. Any fire access gates proposed to be installed must comply with Fire Department Specification 403 . f. Approximately fifteen (15) fire hydrants will be required for plans dated 12/15/92 . g . Automatic Fire Sprinkler Systems will be required to be installed throughout both complexes to comply with Uniform ,Building Code and Fire Department Standards. Shop drawings must be submitted to the Fire Department for approval prior to installation. h. Automatic Fire Alarm Systems must be installed in each complex to comply with Fire Code Standards and provide the following : (7340d-17) Tentative Tract No. 14661/ Conditional Use Permit No. 92048 Page Nine .1. . Water flow, valve tamper and trouble detection 2 . 24 hour supervision. 3 . Annunciation 4 . Audible alarms 5 . Graphic display i . Building address numbers within the complex must be a minimum of ten. (10) inches in size and must be posted in an un-obstructed location which can be -easily viewed from the street . Individual unit numbers must be a minimum of four (4) inches in size Each Each of the numbers must be installed pursuant to Fire -Department Standard 428 . j . Prior to release of building permits, all mitigation measures for compliance of oil, methane and environmental Fire Department Specifications 422, 429 and 431 must be completed and done by phase. 4 . At least 60 days prior to recordation of the final .tract map, CC&R' s shall be submitted to and approved by the City Attorney and the Department of Community Development . The CC&R' s shall reflect the common driveway access easements, and maintenance of all walls and common landscape areas by the Homeowners ' Association. a. Constructive notice regarding the Transportation Corridor shall be included in the CC&R' s . 5 . Model home complexes shall be permitted per Subdivision Map Act Section 66499 .30 prior to recordation of a final map. I hereby certify that Tentative Tract No. 14661 and Conditional Use Permit No. 92-48 were approved by the Planning Commission of the City of Huntington Beach on August 24 , 1993 upon the foregoing findings and conditions . This approval represents conceptual approval only; detailed plans must be submitted for review and the aforementioned conditions completed prior to final approval. Sincerely, Mike Adams, Secretary Planning Commission by: Scott Hess Senior Planner (7340d-18) . � '�� �;. `; � ` Ye. �.. . �� ��' p� ` _. ,., ...n.�:.......:'. 7 >, L 4 .� rt ;�.; ,. :`,`, �Xt� � � �.. • ..;., \ 1 '�. is �.. ��,��.. �. CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH Connie Brockway, City Clerk , Office of the City Clerk Maybrice Henry Deputy City Clerk II To: Date: Meeting Date: / Agenda Item: Proposed City Council Agenda Items: The City Clerk's Office/City Administrator's Office must return your agenda item due to the following requirements that have not been met. When your Agenda Item is ready to i resubmit, please return to: Pat Dapkus, Management Assistant, City Administrator's Office. Signature(s)Needed A On RCA 11 Al" B On Agreement C Other 2. Attachments A Missing B Not identified C Other A A _41V 3. Exhibits A Missing B Not identified C Other 4. 1 Insurance Certificate(Proof Of Insurance) A Not attached B Not approved by City Attorney's Office C Signed form notifying City Clerk that department will be responsible for obtaining insurance certificate on this item.(See form attached) 5. Wording On Request For Council Action(RCA)Unclear A Recommended Action on RCA not complete B Clarification needed on RCA C Other 6. City Attorney Approval Required 7. Agreement Needs To Be Changed A Page No. 8.. Other G:agendalmisdreaform �� > 4 CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH Connie Brockway, City Clerk , Office of the City Clerk Maybrice Henry Deputy City Clerk II To: Date: / ? 9- Meeting Date:_ S 9c? Agenda Item: Tjl-s<�& Approved City Council Agenda Items: The City Clerk's Office is unable to proceed with the execution of the attached Agenda Item due to the following requirements that have not been met. When your Agenda Item is ready to resubmit, please return to: Pat Dapkus, Management Assistant, City Administrator's Office. l. Signature(s)Needed , A On RCA B On Agreement C Other 2. Attachments A Missing B Not identified C Other 3. Exhibits A Missing B Not identified C Other 4. Insurance Certificate(Proof Of Insurance) A Not attached B Not approved by City Attorney's Office C Signed form notifying City Clerk that department will be responsible for obtaining insurance certificate on this item. (See form attached) 5. Wording On Request For Council Action(RCA)Unclear A Recommended Action on RCA not complete B Clarification needed on RCA C Other 6. City Attorney Approval Required 7. Agreement Needs To Be Changed A Page No. 8. Other G:agenda/misdreand RCA ROUTING SHEET INITIATING COMMUNITY DEVELOPMENT DEPARTMENT DEPARTMENT: SUBJECT: Final Tract Map No. 15520 COUNCIL MEETING DATE: January 5, 1998 ..... .. ........... ........ ....... ........ .. ........ . .... .... A STATUS : Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Attached Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS ........ ............ ..... .. . ...... _ ......... ........... .... ........ ...... ... ......... ....... .. ... REVIEWED RETURNED FOR RDED Administrative Staff ( ) ( ) Assistant City Administrator (Initial) ( ) ( ) City Administrator (Initial) ( ) ( ) City Clerk ( ) - EXPLANATION FOR RETURN OF ITEM: (Below • . For Only) ;4"je CITY OF HUNTINGTON BEACH e" 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK I have received Faithful Performance Bond No. 443834S -Developers Insurance Company, Monument Bond No. 443835S - Developers Insurance Company, Maintenance Bond No. 443834S - Developers Insurance Company. A�so� Labor a«1/ylwJ�.r'io� fond yIo,�F�383d5- �euc�o�sea, � Re: Final Tract Map No. 15520 of Tentative Tract Map No. 14661 (Beach Terraces), located at the southwest corner of Main Street and Promenade Parkway RCA and Action Agenda for January 5, 1998 Dated: c S 9dp By: (Telephone:714-536-5227) BOND NO. 443835S PREMIUM$50.00/if for a term of 2 Yrs. MONUMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT THE PROMENADE AT SEAGATE WALK, LLC, a California limited liability company ' as Subdivider of Tract No.15520 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: Thatsaid THE PROMENADE AT SEAGATE WALK, LLC, a California limited liability company (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 within or in connection with said tract,as are not already set prior to the recording of said Final Map,in accordance with said map and said certificate up to but not in excess of the sum of $z Obo.00 in which sum we are held and firmly bound to the City of Huntington Beach,all in accordance with and subject to the terms,conditions and provisions of Article 9,Chapter 4 of the Government Code of the State of California. IN WITNESS WHEREOF,we have executed this instrument this 18TH day of DECEMBER 19 97 :!.THE PROMENADE AT SEAGATE WALK, LLC, a California limi d 1/ability c any as Principal By ' i 'OK tt G LA R E3l/�tIJT By:� C��j,.1-:ue uicE-/�iGidUlf DEVELOPERS INSURANCE COMPANY as Surety_ By: Virgirtia M. Louman, Attorney-in-Fact By: APPROVED AS TO FORM GAIL HUTTON,City Attorney By Deputy City Attorney j �Gl STATE OF CALIFORNIA SS. COUNTY OF ORANGE On DECEMBER 18 1997 ,before me, N AMYX PERSONALLY APPEARED VIRGINIA M LOUMAN 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 acknowl- edged to me that he/she/they executed the same in his/ her/their authorized capacity(ies), and that by his/her/ N. AMYX their signature(s) on the instrument the person(s), or the COMM. F1070165 entity upon behalf of which the person(s) acted, executed Nclaryr Public-California the instrument. O ORANGE COUNTY i WITNESS my hand and official seal. icy Comm.Exp. .Aug.23, 1999 Signature This area for Official Notarial Seal . OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL 0 ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAWCONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR E"TY(IES) DEVELOPERS INSURANCE COMPANY SIGNER(S)OTHER THAN NAMED ABOVE ro-oai Rev.6/94 _ ALL-PURPOSE ACKNOWLEDGEMENT W POWER OF ATTORNEY OF MNITY COMPANY OF CALIFORI, AND DEVELOPERS INSURANCE COMPANY N2001728 P.O.BOX 19725,IRVINE,CA 92623•(714)263-3300 'NOTICE--,1. All power and authority herein granted shall In any event terminate on the 31st day of March,1999. 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 blue 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 iy-- Severally,but not jointly,hereby make,constitute and appoint ***JAMES E. MARY,VIRGINIA M. LOUMAN, SHELLEY E. SMITH-BOWMAN,JOAN M.WYNN, JOINTLY OR SEVERALLY*** t, the true and lawful Attorney(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 Three Million Five Hundred Thousand Dollars($3,500,000)in any single undertaking;giving and granting unto said Attorneys)-In-Fact toll power and authority F to d0 - 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 empower oaf substitution and revocation;and all of the acts of said Attomey(s)-In-Fact,pursuant to these presents,are hereby ratified and confirmed. r`tThis 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 t==COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY,effective as of September 24,1986: r f e RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporations be,and that each of them hereby is,authorized to execute Powers of ";`;_ Attorney qualifying the attomey(s)named in the Powers of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts of suretyship;and that the Secretary _ or any Assistant Secretary of the corporations 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 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 t-:c r.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 a�T Pres-dents and attested by their respective Secretaries this 3rd day of February,1997. - INDEMINITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY PA. . By _ Dent .Vincenti,Jr. Dan F.Vincenti,Jr. esident GoMPPOYO� resident ��yoNPpqAti�� ~z ATTEST - MAR.27 0 OCT.5 T u: s By, * _ By ,(j- , - Walter Crow Waiter Crowell Secretary Secretary STATE OFCALIFORNIA ) COUNTY OF ORANGE gip, On February 3,1997,before me,Sherie L.Bell,personally appeared Dante F.Vincenti,Jr.and Walter 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 ca act ies and that b his/her/their signature(s)natures on the instrument the erson s or the entity upon behalf of which the person(s)s acted,executed the instrument. P ty(� ). Y 9 O P O. Y P P O WITNESS my hand and official seal. ------------------------------------ SHERIE L BELL { i signature WMY ME E-CALMIA OMNIM COUNTY Comm,I*Daa 12,2= CERTIFICATE The undersigned,as Senior Vice President of INDEMNITY COMPANY OF CALIFORNIA,and Senior Vice President of DEVELOPERS INSURANCE COMPANY,does hereby t r 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 i A=Boarda of Directors of said corporations set forth in the Power of Attorney,are in force as of the date of this Certificate. • c x .{<: This Certificate is executed in the City of Irvine,California,this 1_day of T)F.CFMRF.R ,199 7 i ~(INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY 5\iASUFo Rgti -- • ~? Fr • O n By i- on 5 BY - MAR.27 0 ee L.C.Fiebiger y 1967 i L.C.Fiebiger � 1979 o �� Senior Vice President y Senior Vice President �F All r11)3Md REV.(3197) STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) ON -I BEFORE ME, ��� A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED ///y/W AND. /1t7� PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS MY A SIGNATUR MY PRIN�PIAL PLAC OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID ST E IN (( =`N& COUNTY (NAME PRINTED) MY COMMISSION EXPIRES 42smjA G.NM s. Ccmmission/1018076 �e NcsoryPubBe—CWfomb My Comm�FvUas Feb 1.1998 STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) ON BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED AND PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES • BOND NO. 4430 �✓ ' PREMIUM Incl in performance LABOR AND MATERIAL BOND WHEREAS,the City Council of the City.of Huntington Beach,State of California,and THE PROMENADE AT SEAGATE WALK, LLC, a California limited liability company (hereinafter designated as"Principal")have entered into an agreement whereby principal agrees to install and complete designated public improvements,which said agreement,dated , 19 ,and identified as project TRACT 15520 ,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 i bound unto the City of Huntington Beach and all contractors,subcontractors,laborers,materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedures in the sum of ONE HUNDRED FIFTY FIVE THOUSAND SEVEN HUNDRED FIFTY dollars($ 155,750.00 ),for materials furnished or labor thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to such work or labor,that said surety will pay the same in an amount not exceeding the amount hereinabove set forth,and also in case suit is brought upon this bond,will pay,in addition to the face amount thereof,costs and reasonable expenses and fees,including reasonable attorney's fees,incurred by"City"in successfully enforcing such obligation,to be awarded and fixed by the court,and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons,companies and corporations entitled to file claims under Title 15(commencing with Section 3082)of Part 4 of Division 3 of the Civil Code,so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed,then this obligation shall become null and void,otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change,extension of time,alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner I ✓affect its obligation on this bond,and it does hereby waive notice of any such change,extension,alteration or addition. In witness whereof,this instrument has been fully executed by the principal and surety above named,on DECEMBER is 19 97 THE PROMENADE AT SEAGATE WALK, LLC, a California limi •ed lability Aefvany as Principal By: � /-r(/W/ ejS By: �� ! EXEL(A#1✓1 U%cc-PrESldf r DEVE LOPERS INSURANCE COMPANY as Surety By: -�-N- 4i4n 'Virginia M. Louman, Attorney-in-Fact By: AFPRUVEDA',: 70 r n:, GAIL HUT l'ON,City Attorney STATE OF CALIFORNIA ) By*Deputy City Attorney ) SS F"W COUNTY OF ORANGE ) S��'.;x ON BEFORE ME, A NOTARY PUBLIC AND FOR SAID STATE,PERSONALLY APPEARED C� AND PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH T PERSONS ACTED,EXECU D THE INSTRUMENT. WITNESS MY A SIGNATUR MY PRIN /PAL PLACE L-,�OF BUSINESS IS NOTARY PU IN AND FOR SAID STATE IN ((/FC/�'N f/G COUNTY (NAME PRINTED) MY ,PS gd r CHRMEUA G.N E STATE OF CALIFORNIA ) Comnfton11018076 Notary Pubic—Caufomp nty Snty My Comm.6gltrea Feb 21,19" COUNTY OF ORANGE ) ON BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED AND PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES eo90 2 STATE OF CALIFORNIA SS. COUNTY OF ORANGE On DECEMBER 18 1997 ,before me, N AMYX PERSONALLY APPEARED VIRGINIA M LOUMAN 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 acknowl- edged to me that he/she/they executed the same in his/ her/their authorized capacity(ies), and that by his/her/ H, AMYX their signature(s) on the instrument the person(s), or the COMM. i�1070165 entity upon behalf of which the person(s) acted, executed the instrument. Notary Public—California 3C ORANGE CUUNTY WITNESS my hand and official seal. My Comm.Exp. .Aug.23, 1999 Signature This area for Official Notarial Seal OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLES) TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ATTORNEYAN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) DEVELOPERS INSURANCE COMPANY SIGNER(S)OTHER THAN NAMED ABOVE ID-081 Mv.6/94 ALL-PURPOSE ACKNOWLEDGEMENT • BOND NO. 44380 PREMIUM $5,606.00/is for a term of 2 Yrs. FAITHFUL PERFORMANCE BOND WHEREAS,the City Council of the City of Huntington Beach,State of California,and THE PROMENADE AT SEAGATE WALK, LLC, a California limited liability company (hereinafter designated as'principal")have entered into an agreement whereby principal agrees to install and complete designated public improvements,which said agreement,dated 19 and identified as project TRACT 15520 ,is hereby referred to and made a part hereof;and WHEREAS,said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. Now,therefor,we,the principal and DEVELOPERS INSURANCE COMPANY as surety,are held and firmly bound unto the City of Huntington Beach,hereinafter called"City",the penal SUM Of THREE HUNDRED ELEVEN THOUSAND FIVE HUNDRED NO/10i?1ollarS1$ 311,500.00 lawful money of the United States,for the payment of which sum well and truly to be made,we bind ourselves,our heirs,successors,executors and administrators,jointly and severally,firmly by these presents. The condition of this obligation is such that if the above bounded principal,his or its heirs, executors,administrators,successors or assigns,shall in all things stand to and abide by,and well and truly keep and perform the covenant,condition and provisions in the said agreement and any alteration thereof made as therein provided,on his or their part,to be kept and performed at the time and in the manner therein specified,and in all respects according to their true intent and meaning,and shall indemnify I and save harmless'City",its officers,agents and employees,as therein stipulated,then this obligation shall become null and void;otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor,there shall be included costs and reasonable expenses and fees,including reasonable attorney's fees incurred by'City in successfully enforcing such obligation,all to be taxed as costs and included in any judgment rendered. The surety hereby stipulates and agrees that no charge,extension of time,alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond,and it does hereby waive notice of any change,extension of time,alteration or addition to the terms of the agreement or to the work or to the specifications. In witness whereof,this instrument has been duly executed by[lie principal and surety above named,on DECEMBER 18 19 97 THE PROMENADE AT SEAGATE WALK, LLC, a California limited iability mpa as Principal By ems+ccml BY—�>•cu,.i;rr v,r.e-rt-Esia.c�-i+- DEVELOPERS INSURANCE COMPANY as Surety By &-C. 01 virgi is M. LOUMan, ttorney=in-Fact By APPROVED AS TO FORM GAIL HUTTON, City Attorney By,Deputy City Attorney I 2 STATE OF CALIFORNIA SS. COUNTY OF ORANGE On DECEMBER 18 1997 , before me, N AMYX PERSONALLY APPEARED VIRGINIA M LOUMAN 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 acknowl- edged to me that he/she/they executed the same in his/ her/their authorized capacity(ies), and that by his/her/ N. AMYX their signature(s) on the instrument the person(s), or the COMIJ. 11070165 entity upon behalf of which the person(s) acted, executed Notary Public—California ; the instrument. p ORANGE CG-UNTY WITNESS my hand and official seal. Icy Comm.Exp. .Aug.23, 1999 Signature This area for Official Notarial Seal OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT rnE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑X ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) DEVELOPERS INSURANCE COMPANY SIGNER(S)OTHER THAN NAMED ABOVE ID-081 Rev.6/94 ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) ON r/ / BEFORE ME, MAI S7Z—�—� y �� A NOTARY PUBLIC IN AND FOR-SAID STATE,PERSONALLY APPEARED �1- A V AND , PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS CIC NOTARY PIN AND FOR SAID ST TE ISIGNATUR N PRJ�I�IP�A�E OF BUSINESSCOUNTY �� MY COMMISSION EXPIRES �� b C++�u►araw C-WfW S 101=6 -s Notaypta e—Coffomb r MY Cann EOW Feb 21.I09! STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) ON BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED AND , PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS MY HAND ¢ SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES 8075 insc "eco MAINTENANCE BOND BOND NO.: 443834S PREMIUM: $ Nil INCLUDED IN PEFORMANCE BOND KNOW ALL MEN BY.THESE PRESENTS: pany THAT we, THE PROMENADE AT SEAGATE WALK, LLC, a California limited liabilit 'as c Prrincipalincipal � , 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 ONE THOUSAND ONE HUNDRED FIFTY N0/100 ($ 31,150.00 ) 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 15520 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 18TH day of DECEMBER . 19 97 DEVELOPERS INSURANCE COMPANY THE .POMENADE AT SEAG WALK, LLC, a Cal for a limi ed iabi y c p Yncipal BY: a^- -v,�.'. k4eft—aw Vi ginia M. Louman Attorney-in-Fact PPROV 17780 Fitch GAIIL HI!I I CV, r"Y ",io;ney Irvine,CA 92614 FORM DI 127 REV.5/91 By Depuly City Attorney (714)263-3300 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of ORANGE On e-7 before me, CHRISTELLA G. NOE, NOTARY PUBLIC D is Na and Title of Offlow(e.g..*Jane Ooe,Notary PUbkj personally appeared KENT GROVER me Names)of Signer(s) personally known to me-OR-❑proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the t4oE same in his/her/their authorized capacity(ies),and that by CF1RzTE�#p18p16 his/her/their signature(s)on the instrument the person(s), CtXrgo ca9toTo - or the entity upon behalf of which the person(s) acted, Nalorit county�1 �vve executed the instrument. Feb . WI S my hand and official seal. i Signature of Notary rc OPTIONAL Though the information below is not required by law,it may prove-valuable to persons relying on the document and could prevent. fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: / Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: KENT GROVE� Signer's Name: ❑ Individual ❑ Individual 0 Corporate oo f ❑ Corporate Officer Title(s): EXC�UfIVE VICE PRESIDENT Title(s): ❑ Partner—❑ Limited 2 General ❑ Partner—❑ Limited ❑ General Attorney-in-Fact ❑ Attorney-in-Fact Trustee rTop f thumb here ❑ Trustee _Guardian or Conservator ❑ Guardian or Conservator ❑ Other: i ❑ Other: Top of thumb here i Signer Is Representing: Signer Is Representing: 0 1994 National Notary Association•UM Remmet Ave..P.O.Bo:7184•Canoga Park.CA 91309.7184 Prod.No.5907 Reorder.Cal Toil-Free 1-800-876,6W 5.�; ` ' •T" POWER OF ATTORNEY OF I�EMNITY COMPANY OF CALIFORIO «I AND DEVELOPERS INSURANCE COMPANY N2001729 P.O.BOX 19725,IRVINE,CA 92623•(714)263-3300 NOTICE:; 1. All power and authority herein granted shall In any event terminate on the 31st day of March,1999. t f ( t •t t T 2. This Power of Attorney is void if altered or if any portion is erased. 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 blue 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 save{p`ally,but not jointly,hereby make,constitute and appoint '**JAMES E. MARY,VIRGINIA M. LOUMAN, SHELLEY E. SMITH-BOWMAN,JOAN M.WYNN, JOINTLY OR SEVERALLY' °.Y•~�J t a }the true and lawful Attorney(s)-In-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations as sureties,bonds,undertakings and contracts of suretyship. S;Yin an,__ rit not exceeding Three Million Five Hundred Thousand Dollars($3,500,000)in any single undertaking;giving and granting unto said Attomey(s)-In-Fact full power and authority i 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 powef 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: ..il.v....1t- " �q#; .:RESOLVED,that the.Chairman of the Board,the President and any Vice President of the corporations be,and that each of them hereby is,authorized to execute Powers of :Attomey,qualifying the attorney(s)named in the Powers of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts of suretyship;and that the Secretary for any_Assistant Secretary of the corporations 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 Attomey 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,coritiact`of suretyship to which it is attached. 'e IN WITiJESS WHEREOF,INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respective Preside�rits and attested b their respective Secretaries this 3rd day of February,.-- Y Pact• Y 1997. -i4�:, INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY Qji AMUPAL - y� -- y Dant ..Vincenti,Jr. Dan F.Vincenti,Jr. esident OMPANYOc resident QS\NSUORgIc f qr ATTEST — MAR.27 O a OCT1967 O 1979 Ar FF By E_ Walter Crow 1 Walter Crowell `p`" '(} Secretary Secretary STATE OF CALIFORNIA ) )SS. COUNTY OF ORANGE On February 3,1997,before me,Sherie L.Bell,personally appeared Dante F.Vincenti,Jr.and Walter Crowell,personally known to me(or proved to me on the basis of r 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 signatures)on the instrument the person(s),or the entity upon behalf of which the persons)acted,executed the instrument. WITNESS my hand and official seal. r, M....N SHERIE L.BELL r 77. signature NOTARY PUBLIC•C4 FORNIA f ORANGE COUNTY CERTIFICATE Y The undersigned,as Senior Vice President of INDEMNITY COMPANY OF CALIFORNIA,and Senior Vice President of DEVELOPERS INSURANCE COMPANY,does hereby 7—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 18 day of DECEMBER ,199 INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY �tPANYO \I�SUgq # am O c 9 N do G POpPBy i ... z'= OCT.5 ;1 By • O 2 MAR.27 0 -1-,L.tt.,- O w L i•per.i;_•-_ L.C.Fiebiger ,, 1967 a L.C.Fiebiger � 1e7e Senior Vice President oy tF PN�'�2 Senior Vice President �o q IF in-111 RFV LAW% STATE OF CALIFORNIA SS. COUNTY OF ORANGE On DECEMBER 18 1997 ,before me, N AMYX PERSONALLY APPEARED VIRGINIA M LOUMAN 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 acknowl- edged to me that he/she/they executed the same in his/ her/their authorized capacity(ies), and that by his/her/ N. AMYX their.signature(s) on the instrument the person(s), or the COM.M. #1070165 entity upon behalf of which the persons) acted, executed . Notary Public—Callfornle the instrument. C ORANGE MUM .. WITNESS my hand and official seal. My Comm.Exp. .Aug.23, 1999 Signature This area for Official Notarial Seal OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER nnE(s) TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL © ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENnTY(IES) DEVELOPERS INSURANCE COMPANY SIGNER(S)OTHER THAN NAMED ABOVE ID-OS1 Rev.6/94 ALL-PURPOSE ACKNOWLEDGEMENT CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of ORANGE On - before me, CHRISTELLA G. NOE, NOTARY PUBLIC , Data Name and Tft d Odiear(a.g.,•,fans Doe.Notary PUDkj personally appeared MARK BUCKLAND Narr*S)d Slgner(a) ' Q�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), _ CHRSEUAG.NOE or the entity upon behalf of which the person(s) acted, CommWonit iol 76 executed the instrument. `e► NotOry pUbi;C_ MyCOmm WFeb21,t99g WITNESS ymy hand and official sea Signature d Pubk OPTIONAL Though the information below is not required by law,it may prove valuable to persons retying on the document and could prevent fraudulent removal and reattachment of this form to anolher document Description of Attached Document Title or Type of Document: Document Date: % Number of Pages: 1 Signer(s) Other Than Named Above: / Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual �r ❑ Individual ❑ Corporate Officer j ❑ Corporate Officer T)tle(s): ` T)tle(s): ❑ Partner—❑ Limited r General ❑ Partner—❑ Limited ❑ General ❑ Attomey-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other. Top of thumb here C1 Other: Top of thumb here Signer Is Representifg: Signer Is Representing: O 199e National Notary Asaoeiatlon•82�Rarnrnst Ave.,P.O.fio:7184•Canoga Park CA 91 7t t14 Prod No.5907 Reorder Ca!TOFFm@ 140087&4W ACQRa CERTIFICA ` OF LIABILITY INSU NCgSR As DATE(MM/DD/YY) LAMITI 10/17/97 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE NHC Insurance Services Inc HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 3848 Carson Street #100 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Torrance CA 90503 COMPANIES AFFORDING COVERAGE ANA BELLO COMPANY PnoneNo. 310-540-5332 Fax No. A TUDOR INSURANCE COMPANY INSURED 'j�?O• GD CO BA"Y GAINSCO 7A-of t 1.5 Po THE OLSON COMPANY, .ALAMITOS COMPANY BUILDING /S/q� C 3010 Old Ranch Parkway #400 COMPANY Seal Beach CA 90740 D CNA INSURANCE COMPANIES 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 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE(MMIDD/YY) DATE(MM/DD/YY) GENERAL LIABILITY GENERAL AGGREGATE $2 0 0 0 0 0 0 A X COMMERCIAL GENERAL LIABILITY GL00001226 05/01/97 05/01/98 PRODUCTS-COMP/OPAGG $1000000 CLAIMS MADE FXI OCCUR PERSONAL&ADV INJURY $ 10 0 0 0 0 0 X OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE $ 10 0 0 0 0 0 FIRE DAMAGE(Any one fire) $ 50000 MED EXP(Any one person) $5000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1000000 ANY AUTO ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) B X HIRED AUTOS GPP628120 05/01/97 05/01/98 BODILY INJURY $ X NON-OWNED AUTOS (Per accident) 3 . V PROPERTY DAMAGE $ GARAGE LIABILITY ` I t V AUTO ONLY-EA ACCIDENT $ ANY AUTO CT,T OTHER THAN AUTO ONLY: By: EACH ACCIDENT $ `;.,a li -�• -AGGREGATE $. EXCESS LIABILITY EACH OCCURRENCE $5 0 0 0 0 0 0 C X UMBRELLA FORM 3200916897 05/01/97 05/01/98 rAGGREGATE $5000000 OTHER THAN UMBRELLA FORM $ TU- WORKERS COMPENSATION AND O LIMITS OTH-T EMPLOYERS'LIABILITY RY L LIMITS ER EL EACH ACCIDENT $1000000 D THE PROPRIETOR/ q INCL WC1120731549 11/01/96 11/01/97 EL DISEASE-POLICY LIMIT $ 1000000 PARTNERS/EXECUTIVE OFFICERS ARE: EXCL EL DISEASE-EA EMPLOYEE $ 10 0 0 0 0 0 OTHER iT DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLES/SPECIAL ITEMS CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED. /S•+r2 0 CERTIFICATE HOLDER CANCELLATION CITYHBI SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL MAIL CITY OF HUNTINGTON BEACH, ITS 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, AGENTS, OFFICERS AND EMPLOYEES 2000 MAIN STREET HUNTINGTON BEACH CA 92648 AUTHORIZED REPRESE ATIVE ANA BELLO ACORD 25-S(1/95) ©ACORD CORPORATION 1988 j CG 2010 11 85 COMMERCIAL GENERAL LIABILITY POLICYNLiVIBER: GL00001226 INSIMED: THE OLSON COMPANY AND ALAMITOS BUILDING, INC. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM 13) The endorsement ntodities insurance provided under the following: COND ERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: CITY OF HUNTINGTON BEACH, ITS All operations AGENTS, OFFICERS AND EMPLOYEES (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section 1I) is amended to include as an insured the person or organization shown in the Schedule, but only as respect to liability arising out of"your work" for that insured by or for you. The Named insured shall not be obligated to indemnify any party for claims arising from the sole negligence or willful misconducts of the owner, general contractor, other subcontractors, their agents or emplovees, CG 2010 11 85 Copyright, Insurance Services Office, Inc., 1984