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Final Tract Map 14660 - PLC Land Company - s/e corner Ellis/
j• C itv o f Huntin iton Beach '• , P O Box 711 CALIFORNIA 92648 ` TELEPHONE 714 536.5200 FAx 714 374.1603 SHARI L. F'REIDENRICH December 6, 2001 CITY TREASURER CERTIFIED MAIL American Motorists Insurance Company c/o Lou Jones &Associates P.O. Box 41375 Los Angeles, CA 90617 To Whom it May Concern: This is to inform you the City Council of the City of Huntington Beach, on November 19, 2001 approved the release of the following bond: Tract# 14660 Faithful Performance Bond No. 3SM 915 944 00 We are releasing the bond and have enclosed it for your file. Also enclosed, is a copy of the City Council Action approving the release.of the above-referenced bond. If you have any questions regarding this matter, please contact me at (714) 536-5200. Sincerely, Shari . reidenrich, CPA, CCMT City Treasurer Enclosures cc: PLC Land Company 23 Corporate Plaza, Suite 250 Newport Beach, CA 92660 Robert Beardsley, Director of Public Works (no attachments) Connie Brockway, City Clerk (no attachments) Bond release TR14660PLC.DOC ATTACHMENT 2 Bond No. 00-223-279-A Premium:Included in Charge for Performance Bond WARRANTY BOND KNOW ALL MEN BY THESE PRESENTS: That Shea Vickers Belmont,LLC as Principal, hereinafter called Principal, and, as American Home Assurance Company Surety, hereinafter called Surety, are firmly bound unto City of Huntington Beach , hereinafter called obligee, in the sum of Seventeen Thousand Two Hundred Fifty and 00/100 Dollars ($17,250.00), lawful money of the United States of America,to be paid to the said Obligee or its successors or its successors or assigns to the payment of which sum well and truly to be made, we do bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal entered into a contract with the said Obligee dated o2 /9 for Improvements within Tract No. 14660 WHEREAS, said contract provides that the Principal will furnish a bond conditioned to guarantee for the period of One Year after approval of the final estimate on said job, by the owner, against all defects in workmanship and materials which may become apparent during said period. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall indemnify the Obligee for all loss that the Obligee may sustain by reason of any defective materials or workmanship which become apparent during the aforesaid period, then this obligation shall be void; otherwise to remain in full force and effect. Signed and sealed this 1st day of August, 2001 G A I L ; C;ity h orno By; Deauty City atto,rnsq ATTEST: Shea Vickers Belmont,LLC Name of Principal By: See Signature Page Attached (Signature) Principal American Home Assurance Company Seal Witness: Name urety By: Victoria Voorhees,Attorney-in-Fact SHEA VICKERS BELMONT, LLC a Delaware limited liability company By: SHEA HOMES LIMITED PARTNERSHIP a California limited partnership, its managing member By: J.F.SHEA CO., INC.,a Nevada corporation its general a By: Les Thomas Its: Vice President Ronald C. Metzler Its: Assistant Secretary STATE OF CALIFORNIA COUNTY OF ORANGE On August 8, 2001, before me, Beth A. Hutchinson, Notary Public, personally appeared Les Thomas and Ronald C. Metzler, personally known to me me OR the -bas*s of sat' to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. BETH A.HUTCHINSON Commission i 130W2 i Notary Public-California Orange County My Comm.E)Vhw May B,20M Beth A. Hutchinson Notary Public Commission #1303862 Comm. Expires May 8, 2005 California General Purpose Acknowledgment For all documents executed in the.State of California STATE OF California SS. COUNTYOF Orange On August 1, 2001 before me, Niria Tapia,Notary Public PERSONALLYAPPEARED Victoria Voorhees personally/atown 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 helshe/they executed the same in hislherhheir authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf - - Of which the person(s)acted,executed the instrument. CY «. NIRIA TAPIR !� 0 COMM. #1293351 2 NOTARY PUBLIC-CALIFORNIA WITNESS my hand and official seal. ORANGE COUNTY ry My Comm.Exp.Feb.8,2005 I� 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 Warranty Bond TITLE OF TYPE OF DOCUMENT nn.E(s) Cl PARTNER(S) ❑ LIMITED ❑ GENERAL 1 2 ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) 1-1 GUARDIAN/CONSERVATOR U OTHER: August 1, 2001 DATE OF DOCUMENT SIGNER IS REPRESENTING: 4AME CF P£aSCNIS)OR VIC Y(IES) American Home Assurance Company Shea Vickers Belmont, LLC SIGNER(S)OTHER THAN NAMED ABOVE 10-1232(Rev.soil ALL-PURPOSE ACKNOWLEDGEMENT AUG 09 2001 13:59 FR AIG BOND DEPT 213 689 3972 TO 917143741573 P.03iO3 N° 1889. j SATE OF cunlo�s DEP.AR77JEW OF INSUMANCE _ UNFILANCOW Certificate of Authority r,�z,ro Gas�r.?aa„paarrawe to Ab.troanae►Cb1•of:&wa of c.11 f e,wl., .i AMIUS $oXX A&SMUM COVANY i 2= Ym. Xzw YORE ,or jrnlsrd awdrr the =Jqt A to is ArNdn o/lworporatlor,or 0910 f�rsd+�we,�tJ orjsiadimd docuwr ,k Avwh arti6wkwd k*Omwt SWAM"Butt.=*rl M A provtoiu of thk Ceriikatr,the fevoa tel chats of PM. X&RMM, Bai=, DISAB=TY, NATZ OL M. LUBXLM., WOMMIS COIO'MATZON, COWN Oa1RRM Luz=L=TY, 80II.81t An mACSI1=. BQACdi . 8PRII41Q;,>0t, TEAS[ An V =CLB, AO'PMB=, AMOUM and ]QSQ JAfiZ0tM . sl nreh elow of wow or wy&tg f br be d4fta in tZ+lmwow a Lwt e/for$we o/W f orw& T'"COTOWATs k expR dy C"Amawrd up=the&k&r her"/sore and berwfter bfwg tt f4 eerupl MV 046 A and mi in mWsO w Of Ay,Of thr#PPW*ble l ae nd/u IW wgWiTnerwtl .dr i order estborlty of for kwv of Abe Side of Collf orb a kwt a m4 kow or nvskvwex4 m is efiet II and epplkd4,,4"d w arch I@"awd"VWF# gz*sear eet,ors&rNf br&cl owpi o►,e�drd. N V'hw=WHOMM,rissAw of of tbe._36n a; ..i...,19A,i haw&n*wto we f+7 hawd ad eased,aq cold Sod Ao be arwd tkL-� P. ART1'myI Pro YoCO�RI LPL * TOTAL PAGE.03 ** FOB AUTHORIZATION OF MAP RELEASE TO TITLE CO. TO: Janelle Case Deputy City Clerk FROM: Bruce Crosby Civil Engineer Assistant DATE: August 4, 1998 TRACT NO.: 14660 LOCATION.: SEC Ellis Ave. & Gothard St. TITLE CO.: First American Title Insurance Co., 114 E 5th St., Santa Ana, Ca. 92702 PHONE NO.: (714) 558-3211 TITLE OFFICER: J nic Dkerjund 1(�",V �in/�o/✓ ORDER NO: OR-9738189 I hereby certify that all Public Works fees, bonds, agreements and insurance requirements have been complied with. Bruce P. y 32750 ATTACHMENT NO. 1 FINDINGS AND REQUIREMENTS FOR ACCEPTANCE OF FINAL MAP Findings for Acceptance of Final Map. 1. Final Tract Map No. 14660 is in conformance with the California Subdivision Map Act, the City of Huntington Beach Subdivision Ordinance and Tentative Tract Map No. 14660 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 upon their submittal. 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. I 7-1 A 6 a � t "•p�'•.nµ,;'. �k_<. .':. � ..;�.N ',x�x ...}. 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BOX 190 CALIFORNIA 92648 December 12, 1997 PLC Land Company 23 Corporate Plaza, Ste. 250 Newport Beach, CA 92660 SUBJECT: TENTATIVE TRACT MAP NO. 14660 (BELMONT RESIDENTIAL SUBDIVISION) PROPERTY OWNER: PLC Land Company,23 Corporate Plaza, Ste. 250,Newport Beach, CA 92660 REQUEST: To permit the subdivision of 21.84 acres into 98 numbered lots and 24 lettered lots for future development of 98 single family residential units. Associated infrastructure, including roads,utilities, and perimeter fencing will be constructed.The request includes a density transfer of 144 dwelling units from Planning Unit II-2 to Planning Units II-3 and II-4. LOCATION: Southeast Comer of Ellis Avenue and Gothard Street DATE OF ACTION: December 9, 1997 Your application was acted upon by the Planning Commission of the City of Huntington Beach on December 9, 1997, and your request was Con ditionallyApproved. Attached to this letter are the Findings and Conditions of Approval for this application. Please be advised that the Planning Commission-reviews the conceptual plan as a basic request for entitlement of the use applied for and there may be additional requirements prior to commencement of the project. It is recommended that you immediately pursue completion of the conditions of approval and address all requirements of the Huntington Beach Zoning and Subdivision Ordinance in order to expedite the processing/completion of your total application. The conceptual plan should not be construed as a precise plan reflecting conformance to all Zoning and Subdivision Ordinance requirements. (97CL1209-10) Under the provisions of the Huntington Beach Zoning and Subdivision Ordinance,the action taken by the Planning Commission becomes final at the expiration of the appeal period. A person desiring to appeal the decision shall file a written notice of appeal to the City Clerk within ten calendar days of the date of the Planning Commission's action. The notice of appeal.shall include the name and address of the appellant,the decision being appealed, and the grounds for the appeal; it shall also be accompanied by a filing fee. The appeal fee is $500.00 for a single family dwelling property owner appealing the decision on his/her own property. The appeal fee is $1,200.00 for all other appeals. In your case,the last day for filing an appeal and paying.the filing fee is December 19, 1997. Provisions of the Huntington Beach Zoning and Subdivision Ordinance are such that any application becomes null and void one(1)year after final approval,unless actual construction has started. If there are any fiirther questions,please contact Peter Vanek,Assistant Planner at (714) 536-5271. Sincerely, Howard Zelefsky, Secretary Planning Commission :co y: Hess,AICP Senior Planner xc: Property Owner Attachment: Findings and Conditions of Approval (97CL1209-11) FINDINGS AND CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO, 14660 FINDINGS FOR APPROVAL -TENTATIVE TRACT MAP NO 14660• 1. Tentative Tract Map No. 14660 for subdivision of 21.84 gross acres for the purpose of an 98 unit, detached, single family residential subdivision is consistent with the General Plan Land Use Element designation of Residential Medium Density on.the subject property,or any applicable specific plan, or other applicable provisions of this Code. Single family developments are permitted uses. 2. The site is physically suitable for the type and density of development at 4.49 units per gross acre. The site was previously studied for a greater intensity of land use (fifteen units per acre) at the time the General Plan land use_designation and the Holly Seacliff Specific Plan zoning were adopted for the property. The size, depth,frontage, street width and other design • features of the proposed subdivision are in compliance with the Specific Plan. 3. The design of the subdivision and the proposed improvements will not cause serious health problems or substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The project site was previously evaluated in Environmental Impact Report No. 89-1 and will comply with appropriate mitigation measures. There are no environmental impediments to the project. 4. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of,property within the proposed subdivision unless alternative easements, for access or for use,will be provided. The subdivision will provide all necessary easements and will not affect any existing easements. CONDITIONS OF APPROVAL -TENTATIVE MAP NO, 14660: 1. The tentative tract map received and dated December 3, 1997, shall be the approved layout. 2. Prior to submittal of the final map for approval by the City Council, at least 60 days before City Council action on the final map, CC&Rs shall be submitted to the Department of Community Development and approved by the City Attorney. The CC&Rs shall reflect the maintenance of all walls and common landscape areas by the Homeowners' Association and shall include notice on possible future uses of the Transportation Corridor. The CC&Rs must be in recordable form prior to recordation of the map. (97CG1209-12) 3. The following conditions shall be completed prior to recordation of the final map unless otherwise stated. Bonding may be substituted for construction in accordance with the provisions of the Subdivision Map Act. (PW) a. All vehicular access'rights to Gothard Street,Ellis Avenue,Promenade Parkway and Seagate Drive shall be released and relinquished to the City of Huntington Beach except at locations approved by the Planning Commission. b. 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. c. 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 Code and Orange County Subdivision Manual, Subarticle 18. • d. Hydrology and hydraulic studies shall be submitted for Public Works review and approval. The developer shall design and construct the drainage system required to serve the development. On-site drainage shall not be directed to adjacent properties, but shall be handled by a Public Works approved method. e.' The developer shall construct a 72"public storm drain located 10 feet west of the centerline of"D" Street with proper easement distance in flag lot driveway. f. The developer shall install storm drain fossil filters at each catch basin to the satisfaction of the Department of Public Works. (NPDES) g. A sewer study shall be submitted for Public Works approval. The developer shall design and construct the sewer system required to serve the development. h. A detailed soils analysis shall be prepared by a registered engineer. This analysis shall include on-site.soil sampling and laboratory testing of materials to provide detailed recommendations for grading, chemical and fill properties, foundations, retaining walls, streets, and utilities. i. A Landscape and Irrigation Plan shall be submitted to the Department of Public Works for review and approval by the Park, Tree and Landscape Division. j. In accordance with NPDES requirements, a"Water Quality Management Plan" shall be prepared by a Civil or Environmental Engineer. (97CL1209-13) k. A Grading Plan,prepared by a Registered Civil Engineer, shall be submitted for review and approval. 1. All sidewalk widths shall meet ADA requirement's`. m..The developer shall submit a composite utility plan, showing water system improvements and all other underground utilities (existing and proposed)to each structure. This plan shall be approved by the Public Works Water Division prior to any construction. n. The developer shall submit water calculations to ensure proper water meter and water main sizes no later than the first plan check submittal. o. The reclaimed water lines in Promenade Parkway, Gothard Street and Ellis Avenue shall be utilized for landscape irrigation around the perimeter of the proposed development. P. If the development is to be gated,the Water Operations Department shall be issued • keys to all Knox Boxes to insure continuous access to facilities. q. Separate domestic meters and services shall be required for each unit. The.domestic meters and services shall be sized per the Uniform Building Code,Building Department and Fire Department Standards. r. Meters shall be located per Huntington Beach Water Division Standards, and shall not be located in driveways. s. The developer(and any subsequent HOA) shall enter into a Special Utility Easement Agreement with the City,which shall address repairs to any enhanced pavement, wall, fencing, etc. by other than City forces, if the City water mains require repair or maintenance. t. Final design elevations of grading shall not vary from elevations shown on the tentative map by more than one (1) foot unless approved by the City Engineer._ u. A reproducible mylar copy and a print of the recorded final map, along with a digital graphics file of the recorded map, shall be submitted to the Department of Public Works. v. The following shall be dedicated to the City of Huntington Beach: 1) The water system and appurtenances as shown on the improvement plans for this tract. (97CL 1209-14) 2) The storm drain system and appurtenances (identified as public) as shown on the improvement plans for this tract. 3) The sewer system and appurtenances(identified as public) as shown on the improvement plans for this tract.. 4) Access rights in, over, across, upon and through the private streets for the purpose of maintaining, servicing, cleaning, repairing and replacing the water system. 5) The easement over the private streets within said tract for Police and Fire Department access. 6) The easement for storm drain and sewer purposes as shown on said map. 4. All improvements to the property shall be completed in accordance with the approved plans and conditions of approval specified herein, including: • a. Fire lanes will be designated and posted to comply with City Specification#415. (FD) b. Eight(8)new fire hydrants shall be installed at locations approved by the Fire Department. (FD) c. ' Fire Department access roads shall comply with Huntington Beach Fire Code and City Specification#401. (FD) d. Two vehicle access points will be required as shown on the plan. Security gates will be designed to comply with City Specification#403. (FD) e. Names of streets shall be submitted to and approved by the Huntington Beach Fire Department in accordance with City Specification#429. (FD) f. The project will comply with all provisions of the Huntington Beach Fire Code and City Specification#422 and#431 for the abandonment of oil wells and site restoration. (FD) g. The projectwill comply with all provisions of the Huntington Beach Municipal Code Title 17.04.085 and City Specification#429 for new construction within the methane gas overlay district..(FD) h. All roadways shall be completed to the base course of asphalt prior to combustible construction. Fire hydrants will be installed prior to combustible construction. (FD) (97CL1209-15) i. All units built on"flag lots" (buildings that are further than 150 feet from the nearest street to the back of the building) shall have automatic sprinklers installed throughout to h comply with Huntington Beach Fire Department and Uniform Building Code Standards. Shop drawings will be submitted to and approved by the Fire Department prior to installation. (Potentially lots#8, 12, 33, 40, 55). (FD) . v j. The developer shall install 14 36 inch box trees on site in addition to the standard landscape requirements. k. Installation of required landscaping and irrigation systems and landscape irrigation and planting installation shall be certified to be in conformance with the City approved landscape plans by the landscape architect of record in written form to the City Landscape Architect prior to the final inspection and approval. (PW) 5. A Conditional Use Permit shall be required and approved prior to issuance of building permits for construction of any residential units. INFORMATION ON SPECIFIC CODE REQUIREMENTS -TENTATIVE TRACT MAP NO, 14660: 1. All applicable Public Works fees shall be paid prior to map recordation. (PV ) 2. Park and Recreation Fees shall be paid;or accrued credits assigned,prior to acceptance of the final map by City Council. 3. The project shall comply with the Affordable Housing Plan for the Holly Seacliff area. 4. Tentative Map No. 14660 shall become null and void unless exercised within two (2) years of the date of final approval. An extension of time may be granted by the Planning Director pursuant to a written request submitted to the Planning Division a minimum 30 days prior to the expiration date. 5. The applicant shall submit a check in the amount of$38 for the posting of the Notice of Exemption at the County of Orange Clerk's Office. The check shall be made out to the County of Orange and submitted to the Department of Community Development within two (2) days of the Planning Commission's action. (97CL1209-16) „� ems• � - a as - � .. �- �,. RWS Y '�: SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND PLC FOR TRACT NO. 14660 THIS AGREEMENT is entered into this day of �ZLYI 2� 1998, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY," and PLC, a California general partnership, hereinafter referred to as "SUBDIVIDER." RECITALS WHEREAS, SUBDIVIDER is the owner of a tract of land in CITY, which it is seeking to subdivide into lots and to dedicate certain streets, alleys, and other improvements therein to public use, and is about to file with CITY a map of the tract of land known as Tract No. 14660 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. NOW, THEREFORE, in consideration of the promises and agreements of the parties as herein set forth, the parties agree as follows: 1 j mp/k/g:agree/TRAC PLC/4/23/98 (SF/Agree:Forms:/subdiv) 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 IMPROVEMENT SUBDIVIDER agrees to complete all arterial highway improvements, including perimeter walls and landscaping required by conditions of the tract map, prior to release or connection of utilities for occupancy for any lot in the Tract. 3. GUARANTEE SUBDIVIDER shall guarantee all work and material required to fulfill its obligation as stated herein for a period of one (1) year following the date of City Council acceptance of same. 4. PLANT ESTABLISHMENT WORK SUBDIVIDER agrees to perform plant establishment work for landscaping installed under this Agreement. Said plant establishment work shall consist of adequately 2 j mp/k/g:agreerrRACPLC/4/23/98 (SF/Agree:Forms:/subdiv) 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 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. 3 jmp/k/g:agreer1 RACPLC/4/23/98 (SF/Agree Torms:/subd iv) 9. IMPROVEMENT 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 Six Hundred Thousand Ninety Dollars ($690,000) 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. 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 Three Hundred Forty- Five Thousand Dollars ($345,000) 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 4 j mp/k/g:agree/TRACPLC/4/23/98 (SF/Agree:Forms:/subdiv) 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 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 single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of $1,000,000 per occurrence. If coverage is provided under a form which 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 5 j mp/k/g:agree/TRACPLC/4/23/98 (SF/Agree:Forms:/subdiv) 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. 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 6 j mp/k/g:agree/TRACPLC/4/23/98 (SF/Agree:Forms:/subdiv) pay all costs and charges incurred by the CITY (including, but not limited to: Engineering, Inspection, surveys, contract, overhead, etc.) immediately upon demand. 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. REST OF PAGE NOT USED 7 j mp/k/g:agree/TRACPLC/4/23/98 (SF/Agree:Forms:/subdiv) 13. RECORD MAP In consideration hereof, CITY shall allow SUBDIVIDER to file and record the Final Map or Parcel Map for said Subdivision. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. PLC, a California general partnership, CITY OF HUNTINGTON BEACH, A municipal corporation of the State of By: PLC HOLDINGS, a California general California partnership, general partner, By: PACLACO, INC., a California corporation, general partn yor B • ATTEST: print name �ITS: (circ one) Chairman/Presiden ice Presiden By: JW 4 City;Clerk G!-tRIYT �G. 618 > APPROVED AS TO FORM: °- print name ITS: (circle on Secrets Chief Financial Officer/Asst. Secretary-Treasurer ,44 City Attorney 191 SIGNATURES CONTINUED ON PAGE 9 8 j mp/k/g:agree/TRACPLC/4/23/98 (SF/Agree:Forms:/subdiv) By: T/L HUNTINGTON BEACH, LLC, a Delaware INITIATED AND APPROVED: limited liability company, general partner By: BRAMALEA CALIFORNIA, LLC, a California City Engineer limited liability company By: LENNAR HUNTINGTON BEACH, C. a Californi rporatio age B print name [� S: ( ' le on ^Chairm / residenhice President) By: rC print nam ITS: (circle one) Secretary Chief Financial Office)Asst. Secretary-Treasurer REVIEWED AND APPROVED: City dministrator 9 j mp/k/g:agree/TRACPLC/4/23/98 (SF/Agree:Forms:/subd iv) I have received Faithful Performance Bond No. 3SM91366900, American Motorists insurance Company— PLC General Partnership, Labor and Material Bond No. 3SM91366900 — PLC General Partnership and Monument Bond No. 3SM91367000 PLC General Partnership. Re: Final Tract Map No. 14660 Dated: By: aj fA>THFCL PeotA.Se>r 80*tD FLrsr- Term Premium Fully • Ear PRCMIUM ;5,520.00/Two Yeai 80ND V 3SM 913 669 00 V44EREAS, :he City of Huntington Bcs.cb, Stare ofCalifamia,ud. PLC General Partnership MCtCWW desigaaled U" F6cipal;")have cntcred into an agrscmemwbcmkry principal; agrees to insWr andcomplcte cemin daipated public cnprovcmenrs,which said sgrement,dated 1994,:nd Wamtifieel u hrojea Tract 14660 ,is hereby referred to and made whereof and Belmont WHEREAS,Said Principal;is required under tho te.w of sad zgreernent to fumish a bond for the Wthful perrors Ms C-of said agr to,Mt. New.therefore we,the principal and American Motorists Insurance Co =turrry,tie held and G-mly bond unto the City of Huntington beach htmintfter call"City",la the Qtaral ittrn of Six Hundred Ninety Thousand and no/100ths- - tawltil money ortheUalttdSGltoS, Fordhepsymaeatof ($690,000.00) whichmmn;well pd truly to be elide,we bind oarsefvex oar heirs,suuessors,exewtors and adm{nisaattxs,jointly and se've!&O-fumly by these msom 7 it condition of this obliption is such tftit if the above bounded principal,his or its heir$,executors, admYtititt>rbts.suootnsors or aaipu,dial!let all things stand to and abide by.and weq and truly keep and perform the coienaits,conditions aid provisions in the said ivee rent and any alialdon d e wf made sx thavlc provided, . } on his to their part.to be kept and perforated at that time and it the In the mmmnner dxrt a spotdtted ad•tit all respect wcord'mg tb their intent and meonln=,and shill indemnify and save dhe harm im OCiry".its oftfcQs,agents and cmplo�ees,,u therein stipulated,chat this obliged shall become null and void;o(bvwM k shalt be sad reutain in full force amid effivm . As!put of the obligation sewmed hereby ind in addiction to the face amount specified then be m them shill b4 included cost and reasonable ezpettus and gimt,including reasonable altorncy's fees incurred by"City"in sm> malty'enforcing such oblIgauae,all to be tsxi�as cost and indoded in any jadr'oeatramderad. 'the sarety hereby stipulates rid%$rite thaf no chaogo,ecUmion of time,&ROMtiaa or iddidon to the t vrtas of time agreement or the worm to be performed tbaeunder or the specification aocompwyiab tbt:sane shall N any+trese affect Its obligatlar�an this bond,and It doer hereby waive notice of ary such change:extension of time, anent*or Wdttloa to the tams of the ago scat to the work to the tpociMcatiotu. IN WITNESS WHEREOF, this instrument has been duly executed by the principal quid surety above named, April 22, 1998 PLC. General Partnership• American Moco fists Insurance ComDalt v. (Pnncipal) (Sure ry) (See attached signature flock) n By: By:— Wt11'tArkJ.Vh1 per, Attorney In Fact s • State of California County of Los Angeles !1 P P ! Iarel On before me, C. Clarkson, Notary Public, NAME,TITLE OF OFFICER personally appeared William J. Shupper NAME OF SIGNER ■Personally known tome - OR - ❑ proved tome on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed oaoaoeec9oaooeo®aaoaeebiava�oo the same in his/her/their authorized capacity(ies), 'OMM, R and that by his/her/their signature(s) on the g ` ' !b i-C!WY PUSUG .ALIFORNIA 5 a {` L03ANGELESCOUN7Y 2 instrument the person(s), or the entity upon oeeoeeeo9eeCoeor.9esl oSept.5.2001e.9 behalf of which the person(s) acted, executed the instrument. W TNESS my hand and official seal. (SIGNATURE OF NOTARY) OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL Bond(s) ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) PARTNER(S) ❑ LIMITED O GENERAL NUMBER OF PAGES ® ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) American Motorists Insurance Company SIGNER OTHER THAN NAMED ABOVE PLC,A CALIFORNIA GENERAL PARTNERSHIP, BY: PLC HOLDINGS, A California general partnership its general partner BY: PACLACO,INC., A California corporation, its general partner p 1 BY: ' NAME: TITLE: BY: K— NAME: Christopher C. Gibbs TITLE: BY: T/L HUNTINGTON BEACH LLC, A Delaware limited liability company, its general partner BY: BRAMALEA CALIFORNIA,LLC, A California limited liability company BY: LENNAR HOMES OF CALIFORNIA, INC., A California corporation, manager BY: NAME: TITLE: G BY: NAME: TITLE: V ICE PYQ.SI d'Q.0 1 � AME RI A�r � 0 } STATE OF CALIFORNIA }ss. COUNTY OF On 1 �S� , before me, Roberta M. Kern , personally appeared graham Janes �n•� Cnr�stopher C. GibbS personally known to me to be the person(s) whose name(s) i are subscribed to the within instrument and acknowledged to me that /they xecuted the same in hisfher them uthorized capacity(ies), and that by hisAier heir ignature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITN my ha and official seal. Signature ROBERTA M. KERN r" COMM. #1119189 NOTARY PUBLIC-CALIFORNIA 11 m ORANGE COUNTY '1 My Comm.Expires Dec.6,2000 (this area for official notarial seal) Title of Document e4a-.ej Date of Document No. of Pages Other signatures not acknowledged o2 3008(1/94) (General) First American Title Insurance Com.,any CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ( State of Ca(i"P6r ri la. County of On rn i (aQ$ before me, T)" , a-I&���j�{�ir,,v Date Name and Title of Officer(e.g.,'Ja&Doe,Notary Public') personally appeared YY�YG CI 6a YY�1n c'L1AA �'tle . k_44AcAdxj Name(s)of Signer(s) 14 personally known to me—OR—❑proved to me on the basis of satisfactory evidence to be the persona whose nameo is are subscribed to the within instrument and acknowledged to me that heJsbe he executed the 9 Y same in Riser heir uthorized capacity fes , and that by DEE BAKER hoslh their ianatureos on the instrument the person, Commlmlonf 1OMM) or the entity upon behalf of which the persons acted, -s' Notary Pub(Ia—California executed the instrument. Orange County MY Comm.EvIres Apr 19,2000 WITNESS my hand and official seal. Signature of Notary Public 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: Fa.i tl;tt,Q P2Y FnY mil 4rtC.L,?)3Y1r4 a. w(.t n 43S All L3UA OO Document Date: A-131"i 0701, 19CIE Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) J Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee _ ❑ Trustee ❑ Guardian or Conservator 0904,111 ❑ Guardian or Conservator ❑ Other: Top of thumb here ❑ Other: Top of thumb here Signer Is Representing: Signer Is Representing: 0 1995 National Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder.Call Toll-Free 1-800-876-6827 City of Huntington Beach 7ti 't P O Box 711 CALIFORNIA 92648 " a TELEPHONE 714 536.5200 FAx 714 374.1603 �•__ �'V SHARI L. FREIDENRICH CITY TREASURER November 3, 1999 CERTIFIED MAIL American Motorist Insurance Company 777 San Marin Drive Novato, CA 94998 To Whom It May Concern: This is to inform you the City Council of the City of Huntington Beach, on August 2, 1999, approved the release of the following bonds: Tract# 14660 Faithful Performance and Labor&Material Bond No. 3 SM 913 669 00 Monument Bond No. 3 SM 913 670 00 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: PLC Land Company 23 Corporate Plaza, Suite 250 Newport Beach, CA. 92660 Bob Beardsley, Director of Public Works (no attachments) Connie Brockway, City Clerk (no attachments) G:`•Denine'.Shari'•L.etter�'X.BondLt45 { C it o f Huntin ton B 3f v each is A 7'- P 0 Box 711 CALIFORNIA 92648 TELEPHONE 714 536.5200 FAx 714 374.1603 SHARI L. FREIDENRICH CITY TREASURER November 22, 1999 CERTIFIED MAIL PLC Land Company 23 Corporate Plaza, Suite 250 Newport Beach, CA 92660 To Whom It May Concern: This is to inform you the City Council of the City of Huntington Beach, on August 2, 1999, approved the release of the following bond: " Tract# 14660 Faithful Performance Bond No. 3 SM 913 669 00 Labor&Material Bond No. 3 SM 913 669 00 Monument Bond No. 3 SM 913 670 00 The original copies of these bonds were sent certified mail to your surety's address, but were returned to us by the post office. Therefore, I am sending the bonds to you for your records. If you have any questions regarding this matter, please contact me at (714) 536-5200. Sincerely, Sha rii L. eidenrich, CPA, CCMT M City Treasurer = `. Enclosures ' cc: Bob Beardsley, Director of Public Works (no attachments) o i,,, Connie Brockway, City Clerk (no attaclunents) W .i G:••Denine'.Shari',.Letteis'•.BondLt49 BOR MID MATERUIL BOND included w/Pelf. PREMIUM BOND# 3SM 913 669 00 S,the city Courtin oftbe City of Huntington Beaeb,State of Cats mik sad PLC, General Partnership (hereinafter dcsipated as"PriaekWj bm entaed!aw an agreemcct whtneby principal agrees to ittall and camptete cau n designated public lmprovancat%wh5chsaid sgree:amL dated _,and identified as project ParWde Tract No.14 6 6 Q is bersby ttfer[rd tD nerd tnsde a Put b aad • S.under the tatatt of said sgtumeat.principal a required before catering apart the perfotmssace of the to file a good sad sttffseieat payment bond with the city of Huutiaran Bcaeh to scic ut:the claims to whi4 ref mnae is atade der Title Is(cor mociag with SeWoa 30M of Part 4 of Division 3 of Civil Code of tea Ststeaf m;- ow,therefurt.,said pttcipal and the=k:ziped as corporate suM.at beld firmly bound unto the City ofHt Beach and all contractors,sTsbooawack —IsbonM miladalmea and otimpermus employed in the of the aforesaid agament and teftiv d to in the sibmssid Code of Cavil Ptvoed=is the sum of Three Hundred Forty Five Thousand and No/100ths ,for msterialtAwdshador labor dumon ($345,000of stay _ t or for aanomrrtt due uttda the Viemploymcat•00Iartr lace Act with respect to such aiodc err laboe,the said will pay the same in an sat =not czc a&&ft=am ItU*tinabove set forth,and also is case snit is brought uj mthis bond;vn pay,in add'itioa to the f m araonnt thaeo£coat and tsasooabta ezpeasa and fen, irsWring vascuable saw&.Ws tea,mcsasid by`City"at svcussMy aaforriog sty obligation.to be awarded and!°pxed V the caner,and to be t o d as a wo and to be included is the judgmeat dweia ilasderv& 1 is hereby expressly s6pniaaed And agreed that this bond:halt i nar s;to the besKfit ofaay arsd all persons, _ camAani l and corporations emdded to Me claims under Me 15(catamec tg with Section 3M)of Part 4 of DiwWon ofLabor and Material Bond the CK Code.so as to give a right of act!=to them or their assigns in say suit tiro t upon this bond. - osald the condition of this bond be ftitlly perforated.then this obligation shall become call and void. coo-!Vise it wall be and remain in MU farce and effem The surety hereby stipulates and agues that no change, extaaion f i®e,aheration or oddiden to tfuutms ofsaid agreetaent.or the speciBcadoas saooaapaayiab the saner shall in=y ma=er affect its obligedons an this bond.and doer he:sby waive notice of any such change,=mwim, alte�oa sdditiott . IN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, April 22, 1998 C ' PLC. General Partner hio American_Motorists Insurance Company (Principal) (Surety) gy: (See attached signature block) By:— Wilhaff Sh itper, Attorney In Fact State of California County of Los Angeles i998 On before me, C. Clarkson, Notary Public, NAME,TITLE OF OFFICER personally appeared William J. Shupper NAME OF SIGNER ■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 C. CLARKSON G instrument the person(s), or the entity upon COMM. #1154439 R s �� NOTARY PUBLIC-CALIFORNIA s behalf of which the person(s) acted, executed the IOSANGELESCOUNTY o instrument. o my Comm.Evim Sept.5,2001 aewec>am+roecwoaos000eee®oee000ef000008 WITNESS my hand and official seal. Ll (SIGNAT E OF NOTARY) OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL Bond(s) ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES ® ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) American Motorists Insurance Company SIGNER OTHER THAN NAMED ABOVE i • PCOMPER. Home Office: Long Grove, IL 60049 POWER OF ATTORNEY Know All Men By These Presents: That the Lumbermens Mutual Casualty Company,the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company,corporations organized and existing under the laws of the State of Ilinois, having their principal office in Long Grove, Illinois,(hereinafter collectively referred to as the"Company")do hereby appoint William J. Shupper of Los Angeles, California their true and lawful agent(s)and attorney(s)-in-fact,to make,execute,seal,and deliver during the period beginning with the date of issuance of this power and ending on the date specified below,unless sooner revoked for and on its behalf as surety, and as their act and deed: Any and all bonds and undertakings. EXCEPTION: NO AUTHORITY is granted to make, execute,seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note,check,draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes,as if the same had been duly executed and acknowledged by their regularly elected officers at their principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF December 31, 2001 This Power of Attorney is executed by authority of resolutions adopted by the Executive Committees of the Boards of Directors of the Company on February 23, 1988 at Chicago, Illinois,true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary,or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact,and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto,bonds and undertakings, recognizances, contracts of indemnity and other writings,obligatory in the nature thereof,and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed,sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Boards of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: "VOTED,That the signature of the Chairman of the Board,the President, any Vice President,or their appointees designated in writing and filed with the Secretary,and the signature of the Secretary,the seal of the Company,and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23. 1988 and any such power so executed,sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company." In Testimony Whereof,the Company has caused this instrument to be signed and their corporate seals to be affixed by their authorized officers. this January 28, 1993. Attested and Certified: Lumbermens Mutual Casualty Company American Motorists Insurance Company American Manufacturers Mutual Insurance Company W°14° A1AuL/nt a °�blt ln°°fin e a �r rr S taeroRaB Y1 of uuaas o ftAt Icowrop�no�e v f+ lT!`t'l'r�,�i► 3 �' f�� too ►' P- z �e �� i>✓ ((( Robert P. Harries,Secretary by J.S. Kemper, III, Exec.Vice President i • PLC,A CALIFORNIA GENERAL PARTNERSHIP, BY: PLC HOLDINGS,A California general partnership its general partner BY: PACLACO,INC.,A California corporation, its general partner BY: NAME: TITLE: BY: NAME: Christopher C. Gibbs TITLE: BY: T/L HUNTINGTON BEACH LLC,A Delaware limited liability company, its general partner BY: BRAMALEA CALIFORNIA, LLC, A California limited liability company BY: LENNAR HOMES OF C IFORNIA, INC., A California corporation, manager BY: - / NAME: Nl '[_ Cl/�y�na-►^. TITLE: I Q BY: NAME. 7' , TITLE: R I s oa } STATE OF CALIFORNIA }ss. COUNTY OF_6 &-� } On / f F0,0 before me, Roberta M. Kern personally appeared Graham Tones v� Christopher C,. Gibbs personally known to me ( o be the person(s) whose name(s) ' are subscribed to the within instrument and acknowledged to me that hefs# they xecuted the same in heir thorized capacity(ies), and that by hi heir ignature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS and official seal. Signat 1 ROBERTA M. KERN COMM. #1119189 �M NOTARY PUBLIC-CALIFORNIA •. ORANGE COUNTY My Comm.Explrss Dec.8,2000 (This area for official notarial seal) Title of Document Date of Document No. of Pages Other signatures not acknowledged 2, 3008(1/94) (General) First American Title Insurance Company CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ) State of County of 6YdMGte- on Maj,4, '7 . before me, UU Date to t Name and Title of Officer(e.g.,'J�Doe,Notary Public") personally appeared YY�YG C�SYY1�tn avid L. 4-4;:;C4.1 A , Name(s)of Signer(s) IR personally known to me-OR-❑proved to me on the basis of satisfactory evidence to be the person whose name sd is(S)subscribed to the within instrument and acknowledged to me that he,fsl�e he executed the 9 same in I s-her heir uthorized capacity tes , and that by DEE BAKER bWhq their ignatureCs_)on the instrument the person, Comm►ssPUb0c—C Do01 rn or the entity upon behalf of which the persons acted, -s Notary Orange County la executed the instrument. �• orange County MY Comm.EvIres Apr 19,20M WITNESS my hand and official seal. Signature of Notary Public 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: Lal:io M-cay►a t 11x"4xk*—�A Tr 14"6 _'&SM9I EIWI Document Date: l aa. Iqqj Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator - ❑ Guardian or Conservator - ❑ Other: Top of thumb here ❑ Other: Top of thumb here Signer Is Representing: Signer Is Representing: 0 1995 National Notary Association-8236 Remmet Ave..P.O.Box 7184-Canoga Park,CA 91309-7184 Prod.No.5907 Reorder.Call Toll-Free 1-800-876-U27 :MONUMENT BOND First Term Premium Fully Earne PPEM UM :$130.00/Two Years J04OW ALL MEN BY THESFPRESENTB: 8C=f 3SM 913 670 00 That PLC, General Putnership lssabdviderofTradWo. 14�60 In the G of Huatin Hach,t oottty of B e mon t ry gtan Ormt;�Ststr of Cslifotnia,Etas sabmicoed to slid pry a Rag Map of Said taut coatsWag an cog amei gr sveroes=dficon st dng flat as find momaaaats wm beset is tha positions in =tsd on or before the due speaw I said aw f'tcaw Tbatuld PLC, General Partnership asprintipaEaad Kmericau Motorists Insuranc. a Company ,uum,.sacbYgauwretothe My ofF[mlin ttca Bads the ptt; mmt ofthe coat dr&%MI all such mtiavmeats within or is connection with said tract,as are aot a6dy set prior to the mwding of said F.'uW Mop.in aaccrdaoce with said map and said eadficaft up to btttnot in excess of themm of Sixteen sand Twp Hundred* no/100thsb w ch sin we arse held aad&ml botmd to the 1 f 200 00) p C'igr of Huatta�oa Beack aii in socordanoe wkh ttnd subject to tM ttttm; eoad'rtf=and MWis oos otAaida 9,Qtaput s ofdw Govesnatatt Codaoftbe State ofCalmmie. IN WITNESS WHL'tWF. woe lave=eauedthi kv,-uaterttthis 22nd day of April, 1998 PLC, General Partnership, American Motorists Tnsurancr, COM12MYY (Principal) (Surety) By: (See attached signature block) By - lw� W' per,Attorney In Fact I II I State of California County of Los Angeles On =. - before me, C. Clarkson, Notary Public, NAME,TITLE OF OFFICER personally appeared William J. Shupper NAME OF SIGNER ■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 C. CLARKSON G instrument the person(s), or the entity upon R rRYiU #1154439 S behalf of which the person(s)ft NOTAP,Y'rUBLiG CALIFORNIA S p ( ) acted, executed the 7 *GELEE COUNTY 2 instrument. ` My C mm.Expires Sept.5,2001 �oeo•:o�eooaoeeooeceoeooaseeesoasoeoo WITNESS my hand and official seal. j I ruk(h��D (SIGNATU E OF NOTARY) OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL Bond(s) ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES ® ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR JC)0 OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) American Motorists Insurance Company SIGNER OTHER THAN NAMED ABOVE Home Office: Long Grove, IL 60049 POWER OF ATTORNEY Know All Men By These Presents: That the Lumbermens Mutual Casualty Company,the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company,corporations organized and existing under the laws of the State of Ilinois, having their principal office in Long Grove, Illinois,(hereinafter collectively referred to as the"Company")do hereby appoint William J. Shupper of Los Angeles, California their true and lawful agent(s)and attorney(s)-in-fact,to make, execute,seal,and deliver during the period beginning with the date of issuance of this power and ending on the date specified below,unless sooner revoked for and on its behalf as surety,and as their act-and deed: Any and all bonds and undertakings. EXCEPTION: NO AUTHORITY is granted to make, execute,seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note,check,draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes,as if the same had been duly executed and acknowledged by their regularly elected officers at their principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF December 31,2001 This Power of Attorney is executed by authority of resolutions adopted by the Executive Committees of the Boards of Directors of the Company on February 23, 1988 at Chicago, Illinois,true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary,or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact,and to authorize them to execute on behalf of the Company,and attach the seal of the Company thereto,bonds and undertakings, recognizances, contracts of indemnity and other writings,obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed,sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Boards of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: "VOTED,That the signature of the Chairman of the Board,the President,any Vice President,or their appointees designated in writing and filed with the Secretary,and the signature of the Secretary,the seal of the Company,and certifications by the Secretary,may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed,sealed and certified with respect to any bond or undertaking to which it is attached,shall continue to be valid and binding upon the Company." In Testimony Whereof,the Company has caused this instrument to be signed and their corporate seals to be affixed by their authorized officers, this January 28, 1993. Attested and Certified: Lumbermens Mutual Casualty Company American Motorists Insurance Company American Manufacturers Mutual Insurance Company wel C., 1Aat iy aeau In.� (� e 1 tp r�R S a COBPp4� s���lAullas oArowA `;e llAl I cno� f� 3 �' icy e � ►� � l��pL►� ,� N.�r p0° �Onr Goa+` v 1 Robert P. Harries,Secretary by J.S. Kemper, III,Exec.Vice President • PLC,A CALIFORNIA GENERAL PARTNERSHIP, BY: PLC HOLDINGS, A California general partnership its general partner BY: PACLACO,INC.,A California corporation, its general partner BY: NAME: l�tzA u� go�gtS TITLE: BY: K-- NAME: Christopher C. Gibbs TITLE: BY: T/L HUNTINGTON BEACH LLC,A Delaware limited liability company, its general partner BY: BRAMALEA CALIFORNIA, LLC,A California limited liability company BY: LENNAR HOMES OF CALIFORNIA, INC.,A California corporation, manager BY: NAME: MaxC, C�/1 ac w► TITLE: V ' BY: J'4" xj ZY/ V NAME: TITLE: U I'a P-MSAt'vt O } STATE OF CALIFORNIA }ss. COUNTY OF On h4_'e, G+ /9 S0' , before me, Roberta M. Kern personally appeared Graham Jones 'q�' Christopher G. Gibbs personally known to me ( o be the person(s) whose name(s) ' ar subscribed to the within instrument and acknowledged to me that 118414 they xecuted the same in her heir thorized capacity(ies), and that by hi �theirignature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS nd and official seal. Signatu �a.•� ROBERTA M. KERN T comm. #1119189 �1►+ NOTARY PUBLIC-CALIFORNIA •. ORANGE COUNTY My Comm.Explree Dec.6,2000 (This area for official notarial seal) Title of Document KLyj Date of Document No. of Pages Other signatures not acknowledged 3008(1/94) (General) First American Title Insurance Company • CALIFORNIA ALL_-P_U_R_PO_4PE_A_CKNOWLEDGMENT I C (; State of Ca ui-�at n ta. County of OY On Mau, `? 19 9IR before me, t (� Date Name and Title of Officer(e.g.,"J4 Doe.Notary Public") � Ca ) I �! personally appeared �YG C�IlaSY11�v� c'3-yl� m�� � �.-!"'T;:;cl cl aj ?� Name(s)of Signer(s) ( p personally known to me-OR-❑proved to me on the basis of satisfactory evidence to be the persona whose namely is are subscribed to the within instrument ? and acknowledged to me that hefshe hey executed the same in fqis{+►er heir uthorized capacity )es ,and that by �I K. DEEBAKER K. � Q their ignatureCs on the instrument the person so Commbslon M1085001 or the entity upon behalf of which the persons acted, A NotoryPubUc—Cotnomb executed the instrument. Z Orange County My Comm.EV7ea Apr 19.2000 WITNESS my hand and official seal. II` Signature of Notary Public OPTIONAL 21 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: r I Idn no) TP. B¢,(Vy10r1f- 3S►�G113�o�6C�0 Document Date: r►�'L�, I q a B Number of Pages: i Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: 11 ❑ Individual ❑ Individual El Corporate Officer ❑ Corporate Officer Title(s): Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—E. Limited ❑ General ; (' ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee (' VRUEl Guardian or Conservator -•- El Guardian or Conservator -- ❑ Other: Top of thumb here ❑ Other: Top of thumb here K Signer Is Representing: Signer Is Representing: I 0 1995 National Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:Call Toll-Free 1.800-876.6827 PLANNING CONSULTANTS RESEARCH ENVIRONMENTAL PLANNING, POLICY Et RESEARCH REq.;E May 22, 1998 MAY 2 8 1998 DEPARTMs. Jane Madera COMMUNITY DEVELOPMENT Associate Planner CITY OF HUNTINGTON BEACH Department of Community Development 2000 Main Street Huntington Beach, CA 92648 RE: SITE PLAN ERROR IN DRAFT ENVIRONMENTAL IMPACT REPORT (EIR) FOR CREST VIEW SCHOOL SITE PROJECT Dear Ms. Madera: PCR would like to apologize for our error in the Site Plan (Figure 3) included in the Draft EIR for the Crest View project. We realize this figure has resulted in confusion among some residents reviewing the document and has also been problematic for City staff. We take full responsibility for this unfortunate circumstance. As requested by the City, we have notified the State Clearinghouse, and thereby, responsible state agencies, of the 10-day extension in the public review period to enable review of the document in the context of the corrected Site Plan. As you are aware, an Errata Notice with the corrected site plan was forwarded to all entitities on the Draft EIR Distribution List on May 14, 1998. We would also like to briefly explain how the Alternative Site Plan(Alternative)was inadvertently Inc,"ed as the proposed Site Plan. The Alternative plan, which is evaluated in Section 6.0 of the Draft EIR (Alternative "A," Figure 26), represents an east-west reversal of the proposed site plan. As such, the original Site Plan graphic (Figure 3) was used as the basis to prepare the Alternative site plan. Appropriately, this base graphic provided the surrounding land uses which need to be considered in evaluating the Alternative plan. The software used to create both figures utilizes links to import scanned images. Inadvertently, the link to the alternative image (reversed site plan) was not deleted prior to our final printing of the figures. We printed a complete new set of original figures prior to reproducing the document. Since our previous originals had been a composite of the original graphics for all sections except the Alternatives section, and subsequently prepared Alternatives graphics, this error did not occur in Screencheck versions of the document. It was only when Figure 3 was reprinted for the final Draft that the erroneous figure was included. Unfortunately, we did not catch this error prior to publication. 233 WILSHIRE BOULEVARD, SUITE 130 ONE VENTURE, SUITE 150 SANTA MONICA, CALIFORNIA 9 040 1 1RVINE, CALIFORNIA 92618 TEL 310 451-4488 Fax 310 451-5279 TEL 714 753-7001 FAx 714 753-7002 E-MAIL: PCR@IDT.NET E-MAIL: PCR2@IDT.NET PLANNING CONSULTANTS RESEARCH Ms. Jane Madera ENVIRONMENTAL PLANNING, POLICY Et RESEARCH CITY OF HUNTINGTON BEACH May 22, 1998 - Page 2 As much as we regret this situation, we hope that the City and the public will consider this error in the context of the entire Draft EIR. Over the course of the last several months, the document has undergone a diligent review by the City, and PCR and our subconsultants have worked earnestly to address each of the issues identified in this review process. We feel that overall, the document is technically accurate, comprehensive, and legally defensible. Even so, the Final EIR does provide an opportunity to revise the Draft EIR, as appropriate, to correct errors identified as part of the review process. We have enjoyed our working relationship with the City and look forward to completing the environmental review process for the Crest View School Site project. Sincerely, PLANNING CONSULTANTS RESEARCH Gregory Brougton JoAnn Hadfield President Principal Planner cc: Melanie Fallon, City of Huntington Beach Herb Fauland, City of Huntington Beach • i RCA ROUTING SHEET INITIATING COMMUNITY DEVELOPMENT DEPARTMENT DEPARTMENT: SUBJECT: Final Tract Map No. 14660 COUNCIL MEETING DATE: June 1, 1998 RCA ATTACHMENTS STATUS. Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attomey) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Attached Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Attached ... .._..._. ...... ....... ........ . ... ......... .._......._..... EXPLANATION FOR MISSING;`ATTACHMENTS; REVIEWED RETURNED FOR ED Administrative Staff ( ) ( ) Assistant City Administrator (Initial) ( ) ( ) City Administrator (Initial) City Clerk ( ) EXPLANATION FOR RETURN OF.ITEM. (BelowOnly) ;,"Iff CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/ REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH DATE: A 21-6 r /71 TO: f <--V ATTENTION: aXg V,-j-;rn `7.Dn Na''��f D(V DEPARTMENT: Street L!� O REGARDING: City,State,Zip ,/� // (o O� �f L)S 7 ��UT eAv13 � fe--L cWT) See Attached Action Agenda Item Date of Approval Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. Remarks: Connie Brockway City Clerk Attachments: Action Agenda Page ,/ Agreement Bonds Insurance ✓ RCA Deed Other CC: 2 W I/ 0077A5 Nam.. Department RCA Agreement Insurance Other Nam Department RCA Agreement Insurance Other Name - / Department RCA A�eemen Insurance✓ Oth �D � � ✓ ���kY,6�..5 Name Department RCA Agreement Insurance Other Risk Management Dept. Insurance Received by Name-Company Name- Date Gfollowup/coverltr (Telephone:714-536-5227) Page 8 -Council/Agencolgenda - 06/01/98 (8) E-6. (City Council) (Deferred From 5/18/98) Amendment To The Contract With Planning Consultants Research Inc. &Amendment To The Reimbursement Agreement With Arnel Retail Group For Preparation Of The Crest View Site Environmental Impact Report-s/s Of Talbert Avenue, e/o Beach Boulevard (600.10) - 1. Approve Amendment No. 1 to Agreement between the City of Huntington Beach and Planning Consultants Research, Inc. for Preparation of Two Separate Environmental Impact Reports For The.Crest View School Site And The Rancho View School Site for additional services in the amount of$25,455.00 to prepare the Crest View School Site Environmental Impact Report for a total contract fee not to exceed $131,876.25 (Attachment No. 2). Submitted by the Community Development Director *** Communication from the Community Development Director dated 5/25/98 titled Draft EIR for Crest View School Site/RCA for PCR Contract Amendment and Arne/Reimbursement Amendment- includes a report on error discovered in the Draft EIR. **" Communication from the Community Development Director dated 5/29/98 transmitting a letter from PCR, consultant regarding the site plan error in the Draft Environmental Impact Report. [Approved 7-0] E-7. (City Council)Approval Of Final Tract Map No. 14660 Of Tentative Tract Map No. 14660 With Bonds And Agreements (Belmont) PLC Land Company -We Corner Of Ellis &Gothard (Holly-Seacliff Specific Plan Area) (420.60) - 1. Approve Final Tract Map No. 14660 and accept the offer of dedication, improvements, and bonds pursuant to findings and requirements (Attachment No. 1 to the Request for Council Action dated 6/1/98), and 2. Approve Subdivision Agreement between the City and PLC Land Company and authorize execution by the Mayor and City Clerk. Submitted by the Community Development Director (Faithful Performance Bond, Labor& Material Bond No. 3SM91366900, Monument Bond 3SM91.367000 -American Motorist Insurance Co.) [Approved 7-0] E-8. (City Council)Approve Final Tract Map No. 15531 Of Tentative Tract Map No. 15531 With Bonds And Agreements (Cape Ann) John Laing Homes —We Corner Of Promenade Parkway And Seagate Drive (Holly Seacliff Specific Plan Area) (420.60) — 1. Approve Final Tract Map No. 15531 and accept the offer of dedication, improvements, and bonds pursuant to findings and requirements (Attachment No. 1 to the Request for Council Action dated 6/1/98), and 2. Approve Subdivision Agreement between the City and John Laing Homes and authorize execution by the Mayor and City Clerk. Submitted by the Community Development Director. (Faithful Performance Bond, Labor& Material Bond #361549 and Monument Bond #3351550 - Seaboard Surety Co.) [Approved 7-0] (8) • Recording requested by, and when recorded return to: Connie Brockway,City Clerk Office of the City Clerk Recorded in Official Records, County of Orange CITY OF HUNTINGTON BEACH Gary Granville, Clerk-Recorder P.O.Box 190—2000 Main Street I IIIIII IIIII IIIII IIIII IIIII IIIII Huntington Beach,Ca.92648 IIIII IIIII IIIII IIIII IIIII NO FEE 2001079659011:06am 11/07/01 106 39 A04 1 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) N� PLEASE TAKE NOTICE THAT on August 20, 2001, 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. 14660. Public improvements constructed consist of the domestic water system and appurtenances within both the private and public streets,the storm drain system and appurtenance within the dedicated easements, and the curb, gutter,paving and sidewalk within Gothard Street, Ellis Avenue and Promenade. 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 l _ 26 — 20 61 CONNIE BROCKWAY City Clerk and Ex-officio Clerk o e Ci C ncil Of the Ci of Huntington Beach, California By Deputy Th-Is document is solely for the of .,^; i lousiness of the City Beach, as contefrj�- r.; ,... ... G Svc-rnment Code ,. ='311"::' ass :S snouid be recorded TON Tax-Exer:Pt-G-verr::;ient Agency �L CITY G 1-lll,;T �lGT V BEACH QL b . Ci Engineer B • ,r u; Ci y Clerk by: Ci Attorney a64001 G:\Eng\Elliott\Bonds\Tract acceptance form s City of Huntington Beach �— P O BOX 711 CALIFORNIA 92648 S, TELEPHONE 714 536.5200 FAx 714 374.1603 SHARI L. FREIDENRICH CITY TREASURER October 31, 2001 CERTIFIED MAIL American Home Assurance Co. 777 South Figueroa Street, 18`" Floor Los Angeles, CA 90017 To Whom it May Concern: This is to inform you the City Council of the City of Huntington Beach, on October 15, 2001 approved the release of the following bonds: Tract# 14660 Faithful Performance and Labor & Material Bond No. 00-223-279 Monument Bond No. 00-223-280 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. idenrich, CPA, CCMT City Treasurer Enclosures cc: Shea Vickers Belmont, LLC 603 South Valencia Avenue, Suite 200 Brea, CA 92823 Bob Beardsley, Director of Public Works (no attachments) Connie Brockway, City Clerk (no attachments) Bond release TR14660.DOC RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to Jeffrey Hughes(ext.6260) (Name) after signing/dating (Date) A CITY OF HUNTINGTON BEACH _ INTERDEPARTMENTAL COMMUNICATION TO: Shari Freidenrich, City Treasurer ATTN: Jim Slobojan, Deputy City Treasurer FROM: DATE: >� SUBJECT: Bond Acceptance I have received the bonds for t 6,; L jr-,I vc (Company Name) Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Re: Tract No. b" CC No. MSC No. Approved 15-a1 Agenda Item No. (Council Approval Date) City Clerk Vault No. '9 g:/jah/bondletter.doc PPW 0 T -u,lo Council/Agency Meeting Held: ° —15-- r J_S UT "' �'}� Deferred/Continued to: A _ pproved ❑ Con onally Approved ❑ Denied D!4_ lerk' gnature Council Meeting Date: October 15, 2001 Department ID Numb : "PW 01-086 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION o c SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS o SUBMITTED BY: RAY SILVER, City AdministratorQ/51 `�*REPARED BY: ROBERT F. BEARDSLEY, Director of Public Work ,coo,� SUBJECT: APPROVE THE RELEASE OF SECURITIES FOR TRACT NO. 5 466B'AND ACCEPT THE PUBLIC IMPROVEMENTS `� n S tatement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Having completed all required public improvements, Shea Vickers Belmont, LLC, the developer of Tract No. 14660, which is located at the southeast corner of Gothard Street and Ellis Avenue, is eligible to receive a release of securities pursuant to the provisions of the Subdivision Map Act Funding Source: Not Applicable. Recommended Action: Motion to: 1. Accept the improvements constructed and dedicated for public use with Tract No. 14660; and, 2. Release Shea Vickers Belmont, LLC, Faithful Performance/Labor and Material Bond No. 00-223-279 and Monument Bond No. 00-223-280 pursuant to California Government Code Section No. 66499.7; and, 3. Accept Shea Vickers Belmont, LLC's Guarantee and Warranty Maintenance Bond No. 00-223-279-A, the security furnished for guarantee and warranty of improvements, and instruct the City Clerk to file the bond with the City Treasurer; and, 4. Instruct the City Clerk to notify the developer, Shea Vickers Belmont, LLC, of this action, and the City Treasurer to notify the Surety, American Home Assurance Company, of this action; and, 5. Instruct the City Clerk to record the "Notice of Acceptance of Public Improvements" (attached) with the Orange County Recorder. Alternative Action(s): Deny the recommended action. r i� &UEST FOR COUNCIL ACT& MEETING DATE: October 15, 2001 DEPARTMENT ID NUMBER:PW 01-086 Analysis: On June 1, 1998, the City Council approved Final Map No. 14660 and accepted Bonds from PLC Land Company, the securities furnished for Faithful Performance/Labor & Material and Monuments. Subsequently, Shea Vickers Belmont, LLC, purchased Tract No. 14660 from PLC Land Company. On August 2, 1999, the City Council approved the exoneration of the original bonds posted by PLC Land Company and approved the substitution of bonds by Shea Vickers Belmont, LLC. The developer, Shea Vickers Belmont, 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 66499.7. Public improvements constructed consist of the domestic water system and appurtenances within both the private and public streets, the storm drain system and appurtenances, curb and gutter, and paving and sidewalk within the public 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 No. 66499.3(d) requires that security for the guarantee and warranty of the improvements be posted upon acceptance of the public improvements. The developer, Shea Vickers Belmont, LLC, has provided Guarantee and Warranty Bond No. 00-223-279-A as security. Following is a list of project data: Developer: Shea Vickers Belmont, LLC, 603 South Valencia Avenue, Suite 200, Brea, 92823 Engineer: Walden & Associates, 2552 White Road, Suite B, Irvine, CA 92614 Surety Co.: American Home Assurance Company, 777 South Figueroa Street, 18t" Floor., Los Angeles, CA 90017 Location: Southeast corner of Gothard Street and Ellis Avenue Zone: HSSP —RM (Holly Seacliff Specific Plan — Medium 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, California Administrative Code, Title 14, Chapter 3, Section 15268(b). Attachment(s): City Clerk's • - Number No. Description 1 Location Map 2 Guarantee and Warranty Bond No. 00-223-279-A 3 Notice of Acceptance of Public Improvements RCA Author: T. ElliottJrn 01-086 Oct 15 Elliott(Tract 14660) -2- 10/3/01 3:25 PM CITY OF. HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK October 29, 2001 Shea Vickers Belmont, LLC 603 South Valencia Avenue, Suite 200 Brea, CA 92823 Re: Release of the Faithful Performance/Labor & Material Bond and Monument Bond for Tract No. 14660 --[Acceptance of Public Improvements] Please be advised that on Monday, October 15, 2001 the City Council of the City of Huntington Beach took the following action: (City Council) Approved the Release of Securities for Tract No. 14660 and Accepted the Public Improvements (Shea Vickers Belmont, LLC) -s/e Corner of Gothard Street and Ellis Avenue (420.60) -1. Accepted the improvements constructed and dedicated for public use with Tract No. 14660; and 2. Released Shea Vickers Belmont, LLC, Faithful Performance/ Labor and Material Bond No. 00-223-279 and Monument Bond No. 00-223-280 pursuant to California Government Code Section No. 66499.7; and 3. Accepted Shea Vickers Belmont, LLC's Guarantee and Warranty Maintenance Bond No. 00-223-279-A, 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, Shea Vickers Belmont, LLC, of this action, and the City Treasurer to notify the Surety, American Home Assurance 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, CMC City Clerk CB:jh g:/followup/tract/acceptpublicimp-notice.doc (Telephone:714536-5227) ATTACHMENT 1 .AMM -IX=L eLLIS PROJECT . CF=C . 161� ru►mia sawm+o J� MCINfTY MAP TM 14660 NVMWGiON MACH HIJtlf aMN BEACH PLANND40 DMSION American Home Assurance Con • ny • POWER OF ATTORNEY National Union Fire Insurance C panty of Pittsburgh, Pa. Principal Bond Office: 70 Pine Sircet, New York, N.Y. 10270 No.SS-13-0',4295 KNOW ALL INIEN BY THESE PRESENTS: That American Home Assurance Company, a New York corporation, and National Union Fire Insurance Company of Pittsburgh. Pa., a Pennsylvania corporation,does each hereby appoint ---Christine i\laestas,Teresa 1.Jackson,Victoria Voorhees,John Miller: of Santa Ana,California--- its true and lawful Attorney(s)-in-Fact,with full authority to execute on its behalf bonds,undertakings,recognizances and other contracts of indemnity and writings obligatory in the nature thereof,issued in the course of its business,and to bind the respective company thereby. IN WITNESS WHEREOF,American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa.have each executed these presents this 23rd day of February,2001. \ ti„ �l rk .ivt onee,Vice President STATE OF NEW YORK } COUNTY OF NEW YORK }ss. On this 23rd day of February, 2001 before me came the above named officer of American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa., to me �y�,�, ITA OR personally known to be the individual and officer described herein, of Now York and acknowledged that he executed the foregoing instrument and affixed the seals of said corporations thereto by authority of his &fly ollice. f 14i 2002 CERTIFICATE Excerpts of Resolutions adopted by the Boards of Directors of American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh,Pa.on May 18, 1976: "RESOLVED,that the Chairman of the Board,the President.or any Vice President be,and hereby is.authorized to appoint Attorneys-in-Fact to represent and act for and on behalf of the Company to execute bonds, undertakings, recognizances and other contracts of indemnity and writings obligator} in the nature thereof.and to attach thereto the corporate seal of the Company.in the transaction of its surety business: "RESOLVED, that the signatures and attestations of such officers and the seal of the Company ma} be affixed to any such Po%%er of Attorre,. or to an} certificate relating thereto b} facsimile, and any such Po%\er of Attorney or certificate bearine such facsimile signatures or facsimile seal shall be valid and bindin.-upon the Company when so affixed with respect to any bond, undertaking, reco_nizance or other contract of indemnity or\%citing obligatory in the nature thereof; "RESOLVED, that any such Attorney-in-Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert in such certification the date thereof,said date to be not later than the date of deliver thereof by such Attorney-in-Fact." 1, Elizabeth M.Tuck, Secretary of American Home Assurance Company and of National Union Fire Insurance Company of Pittsburgh. Pa.do hereby certif- that the foregoing excerpts of Resolutions adopted by the Boards of Directors of these corporations, and the Powers of Attorney issued pursuant thereto. are true and correct.and that both the Resolutions and the Po«ers of Attorney are in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal ofeach corporation this 1st day of August 2001 "l��iR t � � '� /lam• ��1,��d,�� _�/=� Elizabeth NI.Tuck, Secretary b5166 t4;99) AUG 09 2001 13:59 FR AIG BOND DEPT 213 689 3972 TO 91?143?415?3 P.02iO3 • • ALAN SLATERt DIVE OFFICER AND CLERK OF TSE SUPERIOR co= ` O U N TY O F ORANGE COON'1'Y MPE R:rC[t CT z PROBATE COM OPERATICNS 341 TB$ CITY DRIVE s 3 P. O. BOX 14171 FLAN C� ORANGE, CA 92613-1571 CLERK OF THE SUPERIOR COURT DATE MAY 17, 2001 I ALAN SLAM,, EXBMTIYS cpFICBR AMID CLERK Cp TESsUpER= C>trRT nj mm F(R = 00=T CP Rt am, snm Cr CaLIFORmA, DO ffirAtE81C CERRM THAT I AM TEES 'CFFIC.DIL CDSTCUIAW Cr TEE RB=W OF THE SUPER= CODnT, Cm14 cir CrEtANGE, Sm= OP CALn CIEi>stlA. I DO PMMM CMT3W TM A CL>c'[F= LM OF ALL IIZOIXERS AT2Q'= TO :QtANSl1CP SMMY nEMAHM IN THIS SUM, AS CER=F= TO.TMS_DEPAR MW BY 1BE nascu kwE IS ON FILE IN THIS OE'FICE. AMERICAN HOME ASSURANCE COMPANY IS C14 TgE LIM AS CHE CIF TEE mosmms Aumn= Ta TpAxsm= smtE' r IIzANC8 3N THE 9MME C!* C91LIF'Cr01A. NOWMF, I GAVE HERRIMM S= IY MW AND APPM= TEE SEAL OP THE SUPEMOR Cam' CP TEE STAW OF CALIlCRIA IN RM FOR THE C>COWZY OF CRAM. ALL SwEa, DIVE CPPICER AM CLMK OF, Mw supnuCR OF TEE SJMTE CF CALIFCRNU IN AND FM TEE O0cwSy OF MAN= w • LINDA C.WALLACE ATTACHMENT 3 CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK October 29, 2001 Gary L. Granville County Clerk-Recorder P.O. Box 238 Santa Ana, CA 92702 Enclosed please find "Acceptance of Public Improvements"for Tract 14660 to be recorded and returned to the City of Huntington Beach, Office of theCity 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. 14660—Shea Vickers Belmont—s/e corner of Gothard St.and Ellis Ave. g:/followup/tract/acceptpublicimp-recorder.doc (Telephone:714536-5227) Recording requested by, and when recorded return to: Connie Brockway,City Clerk Office of the City Clerk CITY OF HUNTINGTON BEACH P.O. Box 190—2000 Main Street Huntington Beach,Ca.92648 (Space above this line for Recorder's use only) ACCEPTANCE OF PUBLIC IMPROVEMENTS (Huntington Beach Zoning and Subdivision Ordinance Section 255.22) PLEASE TAKE NOTICE THAT on August 20, 2001, 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. 1466.0. Public improvements constructed consist of the domestic water system and appurtenances within both the private and public streets,the storm drain system and appurtenance within the dedicated easements, and the curb, gutter, paving and sidewalk within Gothard Street, Ellis Avenue and Promenade. The Foregoing instrument is the City Clerk's Original Document Reflecting City Council Action Taken at �o— IS Zoo t City Council Meeting Submitted for Recordation by the Orange County Recorder. Attest l o-- 26 — 20 61 CONNIE BROCKWAY City Clerk and Ex-officio Clerk e Ci C ncil Of the Ci of Huntington Beach, California By Deputy Th! document Is solely for the cJ.-4-.' :1 buslners of the City c_. . . ..._.. . z Beach, as corttec>M Q. very mant Code should be recorded u rr�a. CIT F TON BEACH CITY Y Ci 1 IJ,J 1 4 i ^4 BEACH � • b . Ci Engineer Cy:.... .----- .... ................... r,.`f Cif �ar!c by: Ci Attorney DO'0 � GAEng\Elliott\Bonds\Tract acceptance form RCA AOUTING AiEET INITIATING DEPARTMENT: Public Works SUBJECT: Approve the Release of Securities for Tract No. 14660 and Accept the Public Improvements COUNCIL MEETING DATE: October 15, 2001 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 Attorne ) 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 Unbud et, 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 MESSING ATTACHMENTS. REVIEWED RETU RN E D� FORWARDED:: Administrative Staff 19 Assistant Cit Administrator Initial City Administrator Initial Pi rCity Clerk ) �- EXPLANATION FOR RETURN OF ITEM.... Only)(Below Space For City Clerk's Use RCA Author: T. Elliott:jm BY: - 9-99 : j-3_"5P19 GALLAGHER HEF NAN- 949 729 1214:* 2/ 3 �lienz Izai 'LC; DATE(MMIDDf" :� r- CERTIFICATE OF LIABILITY INSURANCE )6/09/99 PRODUCER; THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION •: Gad-layher Heffernan Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE i Brokers, Inc . - CA Lic . #0726293 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. One Market Spear Twr Ste 200 San Francisco, CA 94105 INSURERS AFFORDING COVERAGE I INSURED .L, ..--- -•------...... . ! :NGURERA:Caliber One PLC INsunEn 13:RLI Insurance Company 23 Corporate Plaza, Suite 250 - Newport Beach, CA 92660 INsunenc: INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO TIIE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWIIHSIANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR 07HER DOCUME:Nr WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY NtHIAIN. THE INSUfIANCE AFFORDED BY IHI- POLK:ItS UtSCHIULU HtHtIN IS SUbJtCI 10 ALL IHL rEHMS.EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE.BEEN RFDUCED BY PAID CLAIMS. I NSR I POLICY E FFECTIVE'PO LI CY E XPIRATIO kl LIMITS T 1 TYPE OF INSURANCE I POLICY NUMBER f A GENERALL.IABILITt ICG0000108501 05/08/99 ' 05/08/00 jencHoccuRRENCE a1, 000, 000 X !COMMERCIAL GENERAL LIABILITY j I FIRE DAMAGE(Anyone Lire s50, CLAIMS MADE; X I OCCURi MED EXP(Any one person) y I XJ$10, 000 Ded. IPERSONAL 6ADVINJURY Ia1., 000, 000 - --— *The limits of IlabIIlty Shown rOact the limits at i"ption. I GENERALAGOREGATE 52 000, 000 I GEN-L AGGREGATE L I MIT APPL IES PER: ArthLr J. Gallagher&Co.does dot aSSUrne any relponSlt)i11ty PROD_UC_T_S-GOMPIOP AG0t 31, 000 000 ...— _._ ; JEC for notification in the avant of de letion of the a r ate. POLICY; LOC � P g9 Pg - AUTOMOBILE LIABILITY ! i :COMf31NE0 SINGLE LIMIT ANYAUTO (Eaaccident) $ I.. ALL OWNED AUTOS I.BODILY INJURY l SCHEDULED AUTOS {(Per person) I S HIRED AUTOS BODILY INJURY NON OWNED AUTOS (Per accident) f --_ PROPERTY DAMAGE a (Peraccldent) GARAGE LIABILITY* - 11J•r0 LY-EA ACCIDENT a ANrauTD IOTHERTHAN EAACC 1 AUTO ONLY: AGO •S B ;EXCESS LIABILITY* IOUL0031633 : 05/08/99 105/08/00 EACH OCCURRENCE a9, 000, 000 XI OCCUR j I CLAIMS MADE! AGGREGATE IS9, 000, 000 _ I APPRO'.7P AS TO FORMn SIR �s1Q, 000 DEDUCTIBLE I a 1RETENTION S I G,• tI'•J. .'�,.ii ' I a I I r • OTIi-, IT.'••j,n. . WORKERS COMPENSATION AND V I':_ r.1• -` ' ORY STATL'LIIdLtfi EMPLOYERS'LIABILITY Fr E.L.EACH ACCIDENT S pi+,. n E.L.DISEASIF-EACMPLOYE S E.L.DISEASE-POLICYLIMI S OTHER DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLEGIEXCLUSIONS ADDED BYE NO ORGE MENTISPE CIA L PROVISIONS Certificate holder named as additional insured per form CG2010 attached. CERTIFICATE HOLDER i I ADDRIONALINS1J19115DONSURIERUE TER: CANCELLATION SHOULD ANYOF THE ABOVE DESCRIBEO POLICIES BE CANCELLED BEFORE THE EM"RATION City Of Huntington Beach Its DATE THEREOF,THE ISSUING INSURER WILL WMEMNEAMMAIL30--OAYSWRITEN IAgents,Officers & Employees NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT 2000 Main Street _ - Huntington Beach, CA 92648 ATTN• Chris Mendoza AUTHORI2£DR PRESENTATIVE ACORD26-S(7/97)1 of 2 ##S15049/M150 8 CAD 0 ACORD CORPORATION 1988 AT-BY � 9-99 3 35PM : GALLAGHER HEFFs9\- 949 729 1214:# 4/ 5 =JLIC`.' NUMBER. CG0000108501 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED OWNERS, LESSEES OR CONTRACTORS (FORM 6) This endorsement modifies insurance provided unaer the following, COMMERCIAL GENERAL, LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: City of Huntington Beach its Agents , Officers & Employees 2000 Main Street Huntington Beach, CA 92648 ATTN: Chris Mendoza (If no entry appear!above.information required to comolete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section Ii) is amended to include as an insured the person or organization shown in the Scheauie. but only with respect to liability arising out of "your work" for that insured by or for you. CG 20 10 1185 Copyright. Insurance Services Office. inc.. 1984 S,^'T., BY: - 9-99 3:35Py GALLAGHER HEFF NAN- 949 729 1214;# 3/ 5 Y ' IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the Issuing insurer(s), authorized representative or producer,and the certificate holder, nor does it affirmatively or negatively amend, e:dend or alter the coverage afforded by the policies listed thereon. I I i I ACORD25-S(7/97)2 Of 2 #S15049/M15048 •City of Huntington Beach 2000 Main Street Hu�nNCTOHSErcK California 92645 DECLARATION of NON-EMPLOYER STATUS In order to comply with City Council Resolution No. 97-20, you are required to provide proof of Workers' Compensation insurance. If you have no employees, this form must be signed and returned to: City of Huntington Beach Risk {Management Division 2000 Main Street Huntington Beach, CA 92648 I certify that in the performance of the activity or work for which this permit is issued, I shall not employ any person in any manner so as to become subject to California Workers' Compensation insurance requirements. I authorize the City of Huntington Beach to immediately and retroactively revoke the license or permit issued under this declaration if I hire any employee(s) or become subject to the provisions of the laws requiring Workers' Compensation Insurance. Applicant/Company Name: PLO- , Address: I — — - - TA �^ �g Applicant's Signature: Date: Title: 60A /�ZC,�t Location Signed: NCLV1o04W— C Telephone Number: G:\RiskMgmt\Cert-Ins\WC-Wvr.Doc ______ ______(Rev. 8 13 97) EXHIBIT H CITY OF HUNTINGTON BEACH APPLICATION FOR INSURANCE REQUIREMENTS WAIVER OR MODIFICATION I. Name/Title/Department of Requesting Staff Member: Christi Mendoza/Ofc Spec/Risk Mgmt. 2. Date of Request: 8/5/98 ;. Name of Contractor/Permittee: PLC 4. Description of work to be performed: Tract Developer 5. Length o Contract: Not a contract w/City; developing land within City 6. Type of Insurance Waiver or Modification Requested: $25,000 SIR (a)Limits: 11000,000 (b)Coverage: General Liability 7. Reason for Request for Waiver or Reduction of Limits: Unable to secure insurance without SIR on General Liability policy 8. Identify the risks to the City if this request for waiver or modifications granted: None, carrier pays claims directly and bills insured the SIR Department Head Signature: (This section to be completed by the Risk Manager) Recommendation: Approve /eny Risk Manager's Signature/Date— (This section to be completed by the City Attorney) Recommendation: y Approve X Deny City Attorney's Signature/Date Settlement Committee approval[is] [is not]required for this waiver. If Settlement Committee approval is required,submit form to City Attorney's Office to be placed on the agenda. Recommendation: Approve Deny City Council approval [is] [is not]required for this waiver. If City Council approval is required,attach this form to the RCA after consideration by the Settlement Committee. This insurance waiver[is] [is not]on City Council agenda. imp/k/resoution/ins req/M/98 7 JUG 1 0 1996 `0 \ �L E 1`r E D mAY 2 8 1998 .::.:lICIYV;;: .. C AGNO�t�� C'I RT�F J 'E:::::::CIF 'INSUR ...:..... ..........::..:.:...:::::..:.::.::::.:::.::::.:::::: ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE GALLAGHER HEFFERNAN INS BRKRS HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 7443 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. San Francisco, CA 94120-7443 COMPANIES AFFORDING COVERAGE COMPANY 415-546-9300 A Acceptance Insurance Company INSURED COMPANY PLC _ � � `} B Ins . Co. of the State of PA 23 Corporate Plaza COMPANY Suite 250 C Newport Beach, CA 92660 COMPANY D :i`+ If)»pJ►it3ES:>::»:>:>:::>:>::: «>:: ><:>::<::>:»::<:> >:: : >>;:>::>:>::>:<>:>>: ::;>:::>::::[:>':::< >«!> «;>:::>>< >«<<>>':>[>><><><>:>:<s>< «'[> `. >>':> »>>>z<>'s::>'::>a< >>:»>><>>':>':;:>l :z .......:::.;.:.::.:;.>:.>:.>;: THIS IS TO CERTIFY THAT THE POLICIESOFINSURANCE LISTED BELOW HAVE BEENISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOT WIT HST ANDINGANYREOUIREMENT.TERM ORCONDITIONOF ANYCONT PACT OROTHERDOCUMENT WITHRESPECT TO WHICH THIS CERTIFICATE MAYBE 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 SHUWNMAY HAVE BEEi4PEDUCED CY PAID CLAUS. CO POLICY EFFECTIVE POLICY EXPIRATION LTA TYPE OF INSURANCE POLICY NUMBER DATE(MMIDDIYY) DATE(MMIDDIYY) LIMITS GENERALLIABILITY GENERAL AGGREGATE II A X COMMERCIAL GENERAL LIABILITY D98CM0658 5/08/98 5/08/99 PRODUCTS-COMP/OP AGO { CLAIMS MADE FX_j OCCUR PERSONAL & ADV INJURY = OWNER'S&CONTRACTOR'SPROT EACH OCCURRENCE = 1000000 $25 .000 SIR FIRE DAMAGE(Any one lire) $ MED EXP(Any one person) _ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO = ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS '�� n, ._ (Per person) _ HIRED AUTOS 130DILY INJURY = NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE s GARAGE LIABILITY AUTO ONLY -EA ACCIDENT = ANY AUTO 1�a.Y OTHER THAN AUTO ONLY: EACH ACCIDENT f AGGREGATE 1 EXCESSLIABILITY EACH OCCURRENCE 9000000 B .X UMBRELLA FORM 41988555 _ 5/08/98 5109/99 AGGREGATE = 9000000 OTHER THAN UMBRELLA FORM SIR = 10000 WORKERS COMPENSATION AND STATUTORY LIMITS EMPLOYERS'LIABILITY EACH ACCIDENT = PART PROPRIETOR/ INCL DISEASE-POLICY LIMIT = PA OFFICERS ARE: EXCL DISEASE-EACH EMPLOYEE _ OTHER C T 0 C S P CITEMS Certificate holder named as additional insured per form CG2010 attached. »»::>::::>:::: :>:>zi» :«?s :.: :<:>:::»:':>:<::>:::»>: ::::?»::::>::>::::>::>?::>::: ::::::> :::>:;::::: ::::EEE:EEE:::>::Ei:::>:E>:'i?::E: R.IFIC TE.. O C)ER....................................................................................... .....C CV CE dilU ......:............................................................. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE OANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING COMPANY WLL)bVNY OK)kKMAL City of Huntington Beach its 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. Agents ,Officers IN Employees WXe4Wffl=KKom41R9oNaImm x4mpq MwA7Dmmvowx 2000 Main Street lffXRONXt% JR.X 4 x 9PxWPRWRgW* Huntington Beach, CA 92648 AUTHoR E 071970000 Attn: IChr•i.s. Mendoza :....::...:.. ,..,... :..:......:.::....:..::: Ci! >>:CO P 41!I> S :.;:.;:.;:.::.;:.;>:.;:.::;;::;.;:.;:.; :.;;:.:;::;;; .;:.:.;:.;:.;.: .;;:.;;:.;;:.;;:.;:.:.;. ..�................... POLICY NUMBER: D98C M0658 COMO-RI CIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -- OWNERS, LESSEES, OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL.GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: City of Huntington Beach its Agents, Officers & Employees 2000 plain Street Huntington Beach, CA 92648 Attn: Chris Mendoza (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 II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of `your work'for that insured by or for you. CG 20 10 11 85 Copyright, Insurance Services Office, Inc., 1984 '�� • City of Huntington Beacp 2000 Main Street HUNIINGTON BEACH California 92648 DECLARATION of NON-EMPLOYER STATUS In order to comply with City Council Resolution No. 97-20, you are required to provide proof of Workers' Compensation insurance. If you have no employees, this form must be signed and returned to: City of Huntington Beach Risk Management Division 2000 Main Street Huntington Beach, CA 92648 I certify that in the performance of the activity or work for which this permit is issued, I shall not employ any person in any manner so as to become subject to California Workers' Compensation insurance requirements. I authorize the City of Huntington Beach to immediately and retroactively revoke the license or permit issued under this declaration if I hire any employee(s) or become subject to the provisions of the laws requiring Workers' Compensation Insurance. Applicant/Company Name: L 0- Address: Applicant's Signature: ♦� Date: Title: -f�/ zc � Location Signed:Telephone Number:Number: ALA -)1 - G:\RiskMgmt\Cert-Ins\WC-Wvr.Doc _ - _(Rev. 8/_13/97) • C `%\ EXHIBIT H CITY OF HUNTINGTON BEACH APPLICATION FOR INSURANCE REQUIREMENTS WAIVER OR MODIFICATION 1. Name/Title/Department of Requesting Staff Member: Christi Mendoza/0 f c Spec/Risk Mgmt. 2. Date of Request: 8/5/98 3. Name of Contractor/Permittee: PLC 4. Description of work to be performed: Tract Developer 5. Length o Contract: Not a contract w/City; developing land within City 6. Type of Insurance Waiver or Modification Requested: $25,000 SIR (a)Limits: 11000,000 (b)Coverage: General Liability 7. Reason for Request for Waiver or Reduction of Limits: Unable to secure insurance without SIR on General Liability policy 8. Identify the risks to the City if this request for waiver or modifications granted: None, carrier pays claims directly and bills insured the SIR Department Head Signature: (This section to be completed by the Risk Manager) Recommendation: ' Approve /Deny Risk Manager's Signature/Date (This section to be completed by the City Attorney) Recommendation: p Approve / Deny City Attorney's Signature/Date Settlement Committee approval [is] [is not]required for this waiver. If Settlement Committee approval is required,submit form to City Attorney's Office to be placed on the agenda. Recommendation: Approve Deny City Council approval [is] [is not]required for this waiver. If City Council approval is required, attach this form to the RCA after consideration by the Settlement Committee. This insurance waiver[is] [is not] on City Council agenda. j mp/k/resouti on/in s req/W6/98 7 HB CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION TO: Connie Brockway, City Clerk FROM: Gail Hutton, City Attorney DATE: August 12, 1998 SUBJECT: RLS 98-516; Certificate of Insurance for PLC The attached certificates of insurance have been stamped approved as to form per your request. Also, please note that it is unnecessary for multiple certificates of insurance to be submitted by any one individual as long as the current certificate of insurance on file with Risk Management meets the insurance requirements of Resolution 9720. A copy of the current approved certificate should be submitted with future subdivision agreements. Currently, PLC has met the insurance requirements for permit issuance as well as the Subdivision agreement. The term "Blanket Certificate of Insurance" refers to the type of coverage provided by the insurance rather than the use of the certificate to satisfy the City's insurance requirements. Gail Hutton City Attorney Attachments: Insurance certificate and approved waiver for PLC /Jrrp g:\jmp\memos\98516 i CITY OF HUNTINGTON BEACH • RLS No ,s'"! REQUEST FOR LEGAL SERVICES Assn To M Gail Hutton, City Attorney Date Date: Request made by: Telephone: Department: 8/07/98 Connie Brockway 536-5227 City Clerks Office INSTRUCTIONS: File request in the City Attorney's Office. ;.Outline reasons for this request and state facts necessary for City Attorney to respond. Please attach all pertinent information and exhibits. TYPE OF LEGAL SERVICES REQUESTED: ❑ Ordinance ® Opinion ❑ Stop Notice ❑ Resolution ❑ Lease ❑ Bond ❑ Meeting ® Contract/Agreement ❑ Deed ❑ Court Appearance ® Insurance ❑ Other: Is Request for Preparation of Contract form attached? ❑ Yes ❑ No Are exhibits attached? ® Yes ❑ No Unless otherwise specified herein, I If not for Council action, consent to the disclosure of the If for City Council action, desired completion date: information contained in this RLS to all mem rs of the Council. Agenda Deadline Council Meeting 08/10/98 Signature of Depart nt Head COMMENTS: Routing The City Clerk's Office will need to have the attached Certificate of Insurance"Approved As To Form". G.CH ❑' According to Bill Hollman/PLC the attached "Certificate of Insurance" is to serve as a"Blanket Certificate of PDA Insurance"for all PLC Tracts. The City Clerk's Office will have to have an opinion on using this"Certificate JCB ❑ of Insurance" as a "Blanket Certificate of Insurance". CzC-) SL -_ `. ... WSA ADL::>:: 0 o-:- Z C� ❑ c.x't n- v ❑ F Reference: Tract 14660 and 14335 9 8-516 This Regtaestfor Legal Serulces<has been assigned to attorney JE'NPtI;FER .F1cGRAJf 8/11/9$< , extension 5 5 2 His/hersecretary 1s . Ka n e n ,'exten lon 8 8 0 3 Notes File Name Date Completetl. WP No Shaded areas for City Attorney's Office use only. /9 /tnric�, L�ify *TY OF HUNTINGTON BE UrpS,6 - Pub y MEETING DATE: August 2, 1999 DEPARTMENT ID NUMBER: PW 99-076 Council/Agency Meeting Held: Zpprq��5 red/Continued to: ❑ Conditionally Approved El Denied Clerk's Signature Council Meeting Date: August 2, 1999 Department ID Number: PW 99-075 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERSen z SUBMITTED BY: RAY SILVER, City AdministratorQW PREPARED BY: ROBERT F. BEARDSLEY, Director of Public Works SUBJECT: APPROVE THE SUBSTITUTION OF BONDS AND SUBDIVISiONn r1 AGREEMENT FOR TRACT NO. 14660 Statement of issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,AttachAnt(s) Statement of Issue: Shea Vickers Belmont, LLC, has purchased Tract No. 14660 from PLC Land Co. and requests that its Bonds and Subdivision Agreement be substituted -for - PLC Land Company's Bonds and Subdivision Agreement. Funding Source: Not applicable. Recommended Action: 1. Release PLC Land Company's Subdivision Agreement and Bond No's. 3SM 913 669 00 and 3SM 913 670 00, the securities furnished for Faithful Performance/Labor & Material, and Monuments; and, 2. Accept Shea Vickers Belmont, LLC, Subdivision Agreement and Bond No's. 00-223-279 and 00-223-280, the securities furnished for Faithful Performance/Labor & Material, and Monuments, respectively; and, approve and authorize the Mayor and City Clerk to execute the Subdivision Agreement and file the Bonds with the City Treasurer; and, 3. Instruct the City Clerk to notify the previous developer, PLC Land Co., of this action, and the City Treasurer to notify the bonding company, American Motorists Insurance Co., of this action. Alternative Action(s): Deny the recommended action. Tr 14660 -2- 07/26/99 11:58 AM R%UEST FOR COUNCIL ACTIA MEETING DATE: August 2, 1999 DEPARTMENT ID NUMBER: PW 99-075 Analysis: On June 1, 1998, the City Council approved Final Map No. 14660 and accepted Bonds from PLC Land Company, the securities furnished for Faithful Performance/Labor & Material, and Monuments. Subsequently, Shea Vickers Belmont, LLC, purchased Tract No. 14660 and now requests that the City exonerate the original Bonds posted by PLC Land Company and substitute its Bonds. Following is a list of project data: Subdivider: Shea Vickers Belmont, LLC, 603 South Valencia Avenue, Suite 200, Brea, CA. 92823 Engineer: Walden &Assoc., 18012 Cowan, Suite. 210, Irvine, CA 92714 Title Co.: First American Title Co., 114 East 5th Street, Santa Ana, CA 92702 Surety: American Home Assurance Co., 777 South Figueroa Street, 18th Floor, Los Angeles, CA. 90017 Location: Southeast corner of Ellis Avenue and Gothard Street Number of Numbered Lots: 98 Number of Lettered Lots: 25 Acreage: 21.84 Zone: HSSP-RM (Holly Seacliff Specific Plan-Medium 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 • - Number No. Description 1 Location Map 2 Faithful Performance/Labor& Material No. 00-223-279 3 Monument Bond No. 00-223-280 4 Subdivision Agreements for Tract No. 14660 5 Certificate of Insurance RFB:BC:gd RCA Author: Bruce Crosby 35457 Tr 14660 -3- 07/22/99 10:55 AM i, CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK LETTER OF TRANSIN11TTAL OF ITEM APPROVED BY THE CITY COUNCIL/ REDEVELOP111ENT AGENCY OF THE CITY OF HUNTLNGTON BEACH DATE: A0 2/5 7- ATTENTION: 145Name &a-,q Q70/&dLO DEPARTNIENT: Stre),. , d-- • ?o? REGARDING: City,State,Zip See Attached Action Agenda Item Date of Approval44z�y Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. Remarks: Connie Brockway City Clerk Attachments: Action Agenda Page Agreement Bonds Insurance p RCA /Deed / Other CC: Zea-�l / �/� ✓ / .� Q( a�0-S NaoY,C5� Demartment RCA� Agreement Insuran Other N Department RCA Agreement Insurance Other Name Department RCA Agreement Insurance Other Na a Department RCA Agreement Insurance Other . 2g Risk Management Dept. Insurance Received by Frame- Company Name- Date GTollowup/coverltr (Telephone:714-536-5227) CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/ REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH DATE: Z7, 99 TO: ,��j�d (�,D ATTENTION: Nam r -c;� le DEPARTIVIENT: /// / REGARDING: Zekl !/— /' er.0 Ci ,Stat,1,Zip -7-�4ia- See Attached Action Agenda Item Date of Approval Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. Remarks: Connie Brockway Clerk vas "� ���� �77��2� ,/�p6, City Clerk Attachments: Action Agenda Page Agreement Bonds Insurance RCA Deed Other CC: S �V✓� N Dep men RCA Agreement Insurance Other NAM;- Drpa ment RCA Agreement Insurance Other fYP�s�Jr2� Name Department RCA Agreement Insurance Other Name Department RCA Agreement Insurance Other Risk Management Dept. Insurance Received by Name - Company Name- Date G:Followup/coverltr (Telephone:714-536.5227) ATTACHMENT 1 b , ti - � .N. IMCCYADI SLAB. ow PROJECT �ADA30 CF-C '.IA I jwm" •u s" • J� VICINITY MAP TTM 14660 NUNTINGTON BEACH HUNTDIO mN BEACH PLANNRIO DIVISION ATTACHMENT 2 I have received Faithful Performance Bond No. 00-223-279, American Home Assurance Company. Labor and Material Bond No. 00-223-279, American Home Assurance Company. Monument Bond No. 00-223-280, American Home Assurance Company. RE: Tract 14660—Shea Vickers Belmont, LLC. Approved by Council on 8/2/99—City Clerk Vault file 420.60. Dated: ol' -aj By: i BOND NO. 00-2 3- 7 PREMIUM $861-nn FAfTHFUL PERFORMANCE BOND WHEREAS, the City Council of the City of Huntington Beach. State of"fomia,and Shea Hones Li ited PartnerGh-p (hereinafter designated as"principal')have entered into an agreement whereby principal agrees to install and complete designated public improvements,which said agreement. dated 19__ . and identified as pro is hereby referred to and made a part hereof;and WHEREAS,said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement Now,therefor,we.the principal and American Home Assurance Company as surety, are held and firrrdy bound unto the City of Huntington Beach, hereinafter called'City",the penal sum of One hundred seventy two thousand five hundred* dollars($ 172,500.00 ) 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 *and no/100 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 specked,and in all respects according to their true intent and meaning,and shall indemnify and save harmless"City", its officers, agents and employees, as therein stipulated,then this obligation shall become null and void;otherwise it shall be and remain in full force and effect As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees,including reasonable attorneys fees incurred by" City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. 1 The surety hereby stipulates and agrees that no charge,extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations an 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 spedficabohs. In witness whereof,this instrument has been duly executed by the principal and surety above Warned,an May 20 , 1 g 99 SHEA HOMES LIMITED PARTNERSHIP, a California limited partnership By: J. F. SHEA CO. , INC. a Nevada corporation its genera partner as Principal BY Ronald C. Metrzler, Asstnt Secretary �y r. J. Massey, As istant Secretary AMERI HOME ASSURANCE COMPANY as Surety BY 81l Patricia H. Brebner Attorney-in-Fact `.-,_) --s �PPI;0 :_ G-AL IL Ii-C f,:;d, Ci,y r`.t oraey ✓. 4. 2 • • STATE OF CALIFORNIA COUNTY OF ORANGE On May 25, 1999 before me, Olivia Iskenderian, Notary Public . personally appeared Jim Massey and Ronald C. Metzler, personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. OLIVIA ISKENDERIAN Commission#1186304 ., Notary Public-California Orange County My Comm.Expires Jun 8,2002 Olivia Iskenderian California General Purpose Acknowledgment For all documents executed in the State of California CALIFORNIA ALL-PURPOSE•KNOWLEDGMENT • No.5907 State Of California County of Orange On May 20, 1999 before me, Teri Jackson, Notary Public DATE NAME.TITLE OF OFFICER-E.G.."JANE DOE.NOTARY PUBLIC' personally appeared Patricia E. Brebner NAME(S)OF SIGNER(S) , [ personally known to me -OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s) acted, executed the instrument. �X; TE.Rl JACKSON NOTARYFUaU -CALIFUM WITNESS m Zd7Iseal. LOS ANGELES COUNTY N My Gmx i Exp.0128,19" SI N/yrURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER- TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL x❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES ❑ OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE WC-4067/EP 7/94 ©1993 NATIONAL NOTARY ASSOCIATION 0 8236 Remmet Ave.. P.O. Box 7184 0 Canoga Park CA 91309.7184 CHANGE RIDER Rider to be attached to and form a part of Bond Number 00223279 , dated the 20 day of May 1999 , executed by American Home Assurance Company (the "Surety") on behalf of Faithful Performance Bond Tract No. 14660 Shea Homes Bond Amount: $172,500.00 ■ (the "Principal") in favor of City of Huntington Beach (the "Obligee") The Principal and the Surety hereby consent to changing the attached bond as follows: The name of the principal on the bond is amended to: SHEA VICKERS BELMONT, LLC This change is effective 20 day of May 1999 The attached bond shall be subject to all of its terms,conditions and limitations except as herein modified. Signed, sealed and dated this io day of June '1999 WITNESS or ATTEST: SHEA VICKERS BELMONT, LLC (Principal) By See attached signature page (Seal) Name: Title: BY: I.artt„✓ _�tO�PEy American- Home Assurance Company By /QZt'� (Seal) Attorney-In-Fact ACCEPTED: �p/2 y1�9 Patricia H. Brebner Name: (Obligee) Title: Date: wr-Aann a.r CALIFORNIA ALL-PURPOSE A&OWLEDGMENT No.5907 State of California County of Orange On June 10, 1999 before me, Dayle Olesen, Notary Public DATE NAME.TITLE OF OFFICER-E.G..'JANE DOE.NOTARY PUBLIC' personally appeared Patricia H. Brebner , NAME(S)OF SIGNER(S) personally known to me -OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in.. his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s) acted, executed the instrument. DAYLE CLESEN f Comrni=;ion# t 182M3 g WITNESS my hand and official seal. Notary Pubic-Celifarnia °`7 Oran—County ~ MyCOmm.6r--tm m=ya•L rr NATURE OFNOTARY Qr OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL x❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES ❑ OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE WC4087/EP 7/94 ©1993 NATIONAL NOTARY ASSOCIATION • 8238 Remmet Ave.. P.O. Box 7184 0 Canoga Park CA 91309.7184 '+merican Home Assurance CooanN � POWER OF ATTORNEY National Union Fire insurance Company of Pittsburgh, Pa. Principal Bond Offtcc: 175 Water Street.New York, N.Y. 10035 No. SS-Q-34295 1•;\Q�V ALL -1iEN 13Y THESE PRESENTS: ,.:at Amcric.ii, Home Assurance Company, a New Yolk corporation, and National union Fire Insurance Company of Pittsburgh, Pa., a Pennsylvania corporation,does each hereby appoint ---Robert M.Minot,Patricia H.Brebner,Kevin P.Reed: of Santa Ana,California— its r.e and lo-ful Attrlmcy(s)-in-Fact,with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof,issued in the course of its business,and to bit:;;the respective company thereby. i:N'%ti'ITNES.S WHEREOF,Am^ri,an Home Assurance Company and National Union Fire Insurance Company of Pittsburgh,Pa.have each executed these presents this 24th day of February, 1999. ^0Mr-1 w Law ence W.Carlstrom,Senior Vice President •+x .� pt{� ' .=>'r '^ National Union Fire Insurance Company of Pittsburgh,PA. Vice President,American Home Assurance Company STATE OF NEW YORK } COUNTY OF NEW YORE }ss. On this 24th day of February, 1999 before me came.the ` above named officer of American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa., to me c personally known to be the individual and officer described herein, IO.SEPH S. NOZZOUO and acknowledged that he executed the foregoing instrument and Notary Public State of New York affixed the seals of said corporations thereto by authority of his No. 01•N04652754 office. Ctuelified in Westchester County CERTIFICATE Excerpts of Resolutions adopted by the Boards of Directors of American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh,Pa.on May 13, 1976: "RESO!.V 1.th_t:he Chairman of the Board.the President,or any Vice President be,and hereby is.authorized to appoint Attorneys-in-Fact to represent and act for and on behalf of the Company to execute bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof,and to attach thereto the corporate seal of the Company,in the transaction of its surety business; "RESOLVED, that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed with respect to any bond,undertaking,recognizance or other contract of indemnity or writing obligatory in the nature thereof; "RESOLVED, that any such Attorney-in-Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert in such certification the date thereof,said date to be not later than the date of delivery thereof by such Attorney-in-Fact." I, Elizabeth M.Tuck,Secretary of American Home Assurance Company and of National Union Fire Insurance Company of Pittsburgh,Pa.do hereby certify that the foregoing excerpts of Resolutions adopted by the Boards of Directors of these corporations,and the Powers of Attorney issued pursuant thereto, are true and correct,and that both the Resolutions and the Powers of Attorney are in full force and effect. IN WITNESS WHEREOF,1 have hereunto set my hand and affixed the facsimile seal of each corporation this loth day of June 19 99. } � �..y Elizabeth ivl.Tuck,Secretary c 5 i tu,t 4,9,) - SHEA VICKERS BELMONT, LLC a Delaware limited liability company By: SHEA HOMES LIMITED PARTNERSHIP a California limited partnership, its managing member By: J.F. SHEA CO., INC., a Nevada corporation its gen ral artn r By es h mas Its: Vice President By: Ronald C. Metzler Its: Assistant Secretary STATE OF CALIFORNIA COUNTY OF ORANGE On June 17, 1999 before me, Olivia Iskenderian, Notary Public , personally appeared Les Thomas and Ronald C. Metzler, personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. OUVIA ISKENDERIAN Commission#1186304 z r Notary Public-California Orange County - -- My comm.E)#res Jun 8,2002 Olivia Iskenderian California General Purpose Acknowledgment For all documents executed in the State of California BOND N1D.,_ -2 - PREMIUM i in----- performance bond . LABOR AND MATERIAL BOND WHEREAS,the City Council of the City of Huntington Beach,State of California, and Shea Homes Limited Partnership (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 14660 J 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 se=m the claims to which reference is made in Title 15(commencing with Section 3082)of Part 4 of Division 3 of Civil Code of the State of California. Now,therefore, said principal and the undersigned as corporate surety,are held firmly bound unto the City of Huntington Beach and all contractors, subcontractors,laborers,nuterialmen 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 Eirahty_ six thousand two hundred f if ty and no/100 dollars (s 86,250.00 ),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 temis of said agreement or the specifications accompanying the same shall in any manner $090 affect its obligation on this bond, and it does hereby waive notice of any such change, extension, alteration or a"tion- In witness whereof,this instrument has been fully executed by the principal and surety above named,on May 20 1999 SHEA HOMES LIMITED PARTNERSHIP, a California limited partnership By: _ �Tr, F. SHE as Principal its enera ar n By: Ronald C. Metzler Assistant Secretary By: Jim Massey, Assistant Secretary AME HOME ASSURANCE COMPANY as Surety By: By: Patricia H. Brebner Attorney-in-Fact STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) )rut a. ON /V�Ci��S I �1 BEFORE ME, C/ / A NOTARY PUBLIC IN AND FOR SAID STATE.PERSONALLY APPEARED _G1 • X Zler -- - - AND 711 kv, kY,&F-S e- PERSONALLY KNOWN TO ME 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 o,, SIGNATURE �lS. �� MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN_. Drr�(-J COUNTY -s (NAME PRINTED) OUVIA N EXPIRES STATE OF CALIFORNIA ) z Commission#1186304 „� Notary Public-Califomio SS z Orange county COUNTY OF ORANGE ) My Comm.Expires Jun 8,2M2 ON BEFORE ME,_ v 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. WETNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES , a090.a1 APPROVED Is TO FOR14 i 2 G�II, fii;TT�, , 9090 City�y. n C zP''�" i " f`i ittcrnay CALIFORNIA ALL-PURPOSE IWNOWLEDGMENT No.5907 State of Calif oxnia County of Oxange On May 20, 1999 before me, Texi Jackson, Notaxy Public DATE NAME.TITLE OF OFFICER-E.G.,"JANE DOE.NOTARY PUBLIC" personally appeared Patricia H. Brebnex , NAME(S)OF SIGNER(S) personally known to me -OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s),or the entity upon behalf of which the person(s) acted, executed the instrument. TEHI JACI{SOld G _ rxTARY"iG7racr�wt WITNESS my hand and official seal. LCs AN3ELES COUNTY N lw MY Cot;M F-9.Oct 2a,1999 L._`______ J SIG A URE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES ❑ OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE WC-4087/EP 7/94 ©1993 NATIONAL NOTARY ASSOCIATION 0 8236 Remmet Ave.. P.O. Box 7184 0 Canoga Park CA 91309-7184 American Home Assurance Com,y • POWER OF ATTORNEY National Union Fire Insurance Company of Pittsburgh, Pa. Principal Bond Office: 175 Water Street,New York,N.Y. 10038 No.05-B-34295 KNOW ALL MEN BY THESE PRESENTS: That American Home Assurance Company, a New York corporation, and National Union Fire Insurance Company of Pittsburgh, Pa., a Pennsylvania corporation,does each hereby appoint ---Mike Parizino,James W. Moilanen,Robert M.Minot,Janina Monroe,Sheila K.McDonald,Jeri Apodaca,Patricia H. Brebner, Linda Enright: of Santa Ana,California---. its true and lawful Attorney(s)-in-Fact,with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof,issued in the course of its business,and to bind the respective company thereby. IN WITNESS WHEREOF,American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh,Pa.have each executed these presents r +�f this 28th day of Jam, 1998. •�� .o" La_w ence W.Carl strom,Senior Vice President National Union Fire Insurance Company of Pittsburgh,PA. Vice President,American Home Assurance Company STATE OF NEW YORK } COUNTY OF NEW YORK }ss. On this 28th day of Jam, 1998 before me came the above named officer of American Home Assurance Company and National [lam Union Fire Insurance Company of Pittsburgh, Pa., to me personally DEBMHA.HAYMN known to be the individual and officer described herein, and , W acknowledged that he executed the foregoing instrument and affixed 11 I428 the seals of said corporations thereto by authority of his office. ft�W CERTIFICATE Excerpts of Resolutions adopted by the Boards of Directors of American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh,Pa.on May 18, 1976: 'RESOLVED,that the Chairman of the Board,the President,or any Vice President be,and hereby is,authorized to appoint Attorneys-in-Fact to represent and act for and on behalf of the Company to execute bonds,undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof,and to attach thereto the corporate seal of the Company,in the transaction of its surety business; 'RESOLVED, that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed with respect to any bond,undertaking,recognizance or other contract of indemnity or writing obligatory in the nature thereof, "RESOLVED, that any such Attomey-in-Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert in such certification the date thereof,said date to be not later than the date of delivery thereof by such Attorney-in-Fact." 1, Elizabeth M.Tuck,Secretary of American Home Assurance Company and of National Union Fire Insurance Company of Pittsburgh, Pa. do hereby certify that the foregoing excerpts of Resolutions adopted by the Boards of Directors of these corporations, and the Powers of Attorney issued pursuant thereto, are true and correct,and that both the Resolutions and the Powers of Attorney are in full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of each corporation this 20th day of May . 19 99. > ' , lizabeth M.Tuck,Secretary �.Mllt� ��•on 65166(4/96) CHANGE RIDER Rider to be attached to and forma part of Bond Number 00223279 , dated the so day of May 1999 , executed by American Home Assurance company (the 'Surety") on behalf of Labor and Material Bond Tract No. 14660 Shea Hones Bond Amount: $86,250.00 (the 'Principal') in favor of City of Huntington Beach (the 'Obligee') The Principal and the Surety hereby consent to changing the attached bond as follows: The name of the principal on the bond is amended to: SHSA VICKERS BBLMOHT, LLC This change is effective zo day of May 1999 The attached bond shall be subject to all of its terms,conditions and limitations except as herein modified. Signed, sealed and dated this 10 day of June ,1999 WITNESS or ATTEST: SHEA VICKERS BELMONT., LLC (Principal) By See attached signature page (Seal) Name: Title: APPROVED AS TO FOZ'"I: GAIL HUTTON,; Ci-ty Attlorney By.=1 Deputy Ci tty A':,':orney American Home Assurance Company By (Seal) 612?i/liG Attorney-In-Fact ACCEPTED: ! 7 Patricia H. Brebner Name: (Obligee) Title: Date: 1NG49eo 8194 Rev. CALIFORNIA ALL-PURPOSE AIOWLEDGMENT • No.5907 State of Califoxnia County of Oxange On June 10, 1999 before me, Dayle Olesen, Notaxy Public DATE NAME.TITLE OF OFFICER-E.G.,'JANE DOE.NOTARY PUBLIC' personally appeared Patricia H. Bxebnex , NAME(S)OF SIGNER(S) personally known to me -OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s),or the entity upon behalf of which the person(s) acted, executed the instrument. DanF o BcN WITNESS m hand and official seal. Corrmission r 11$2Er.,3 y $ ` NotWY Public-Cc:i- is s :tyt, Grange County PR)ICOfll^1.6y:TZSAt ^it 'NATURE OFNOTARYs OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL X❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES ❑ OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE WC-4087/EP 7/94 ©1993 NATIONAL NOTARY ASSOCIATION 0 8230 Remmet Ave., P.O. Box 7184 9 Canoga Park CA 9 1 309-7 1 84 �Ii:•_. . :_:� E.ns�,t, Assurance Cot t3y PONVER O; _�TTOi�BEY V.1tin;ta! Union Five Insu:ante Company of 1'ittsburbh, 1'a. Prii.cih,il [3ond Office: 175 W jter Street, New York, N.Y. li'D')3S No. KNONN ALL MIEN BY THESE PRESENTS: That American Home Assurance Company, a New York corporation, and National Union Fire Insurance Company of Pittsburgh, Pa., a Pennsylvania corporation,does each hereby appoint ---Robert M.Minot,Patricia H.Brebner, Kevin P.Reed;Pamela M.Hummel: of Santa Ana,California--- its true and lawful Attomey(s)-in-Fact,with full authority to execute on its behalf bonds, undertakings,recognizances and other contracts of indemnity and writings obligatory in the nature thereof,issued in the course of its business,and to bind the res;-ective company thereby. IN WITNESS WHEREOF,American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa.have each executed these presents this 25th day of March, 1999. 1,v 3r?�4r N i J e y Law ence��'.Carlstrorn,Senior Vice President National Union Fire insurance Company of Pittsburgh,PA. ��::� +`'�:- -- c�• Vice President,American Home Assurance Company STATE OF NEW YORK } COUNTY OF NEW YORK }ss. j)^tat_ >>;'� ' of'vlar ':, 1999 be ore me ea*e above named officer of American Home Assurance Company and National ,10s€PH S. NOZZOXtO Union Fire Insurance Company of Pittsburgh, Pa., to me personally a r Public State of New Y� L):} knu\�n :o be the individual and officer described herein; and No. 41-NOd65275J, acknov:Ldged that he executed the foregoing instrument and affixed C}xs{flied in Wattches!ar eo�n�i.' tan, its a....• .,.. the ^f sa:'!corpo-at:Cns thereto by auihv`i=ci hi= CERTIFICATE E:cern in::_ pied bc- the Bo:.rds c' r�rectcrs of American Honie Assurance Company and ` _': Uition Fire Insurance Company of Pittsbur gh,}'a.on h;ay 1 S, 1+7b: "RESOLVED,that the Ch,"7man ofthe Board,the President,or any Vice President be,and hereby is,authorized to appoint Attorneys-is-'=__*is r -re=ent and act for and.on behalf of the `.o,nnpanv to execute bonds, underta'.Qngs, rBeognizances and other eontr^c':.s of -o i atory in nature thereof.and to attach thereto the corporate seal of the CC;nlpa `1,in tiff of its surety business; "RESOLVED, that the signatures and attestations of'such officers and the seal of the Company may be affixed to am; such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and bindine upon the Company when so affixed with respect to any bond, undertaking, recognizance or other contract of indemnity or writing obligatory in the nature thereof; "RESOLVED, that any such Attorney-in-Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert in such certification the date thereof,said date to be not later than the date of delivery thereof by such Attomey-in-Fact." i. lizab?th M.Tt:ek, Secr-tare of American Home Assurance Cet:_pany end of National Union Fire Insurance Company of Pittsburgh,Pa.do hereby certify that the foregoing excerpts of Resolutions adopted by the Boards of Directors of these corporations, and the Powers of Attorney issued pursaant thereto, are true and comet;and that both the Resolutions and the Powers of Attorney are in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and allIxed the facsimile seal of each corporation this loth day of June 1999 . Elizabeth M.Tuck, Secretary 6i1(JJi4`)G SHEA VICKERS BELMONT, LLC a Delaware limited liability company By: SHEA HOMES LIMITED PARTNERSHIP a California limited partnership, its managing member By: J.F. SHEA CO., INC., a Nevada corporation its general By. Les Thomas Its: Vice President By: ZW Ronald C. Metzler Its: Assistant Secretary STATE OF CALIFORNIA COUNTY OF ORANGE On June 17, 1999 before me, Olivia Iskenderian, Notary Public , personally appeared Les Thomas and Ronald C. Metzler, personally known to me (erpreved W FAe 9R the ba696 of satisfaGtGFy evid8RGe) to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. OUVIA ISKENDERIAN Commission#1186304 z ..� Notary Public-Californki Orange County My comm.Expires Jun 8,2002 QQ , G✓ �ii� Olivia Iskenderian California General Purpose Acknowledgment For all documents executed in the State of California ATTACHMENT 3 BOND NO._00-223-290 PREMIUM V81.OQ MONUMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT Shea Homes Limited Partnership as Subdivider of Tract No. 14660 in the City of Huntington Beach, County of Orange, State of California, has submitEed to said City a Final Map of said tract containing an engineer's or surveyor's certificate st3ing that all final monuments wil be set in the positions indicated on or before the date specified in said certificate: That said Shea Homes Limited Partnership (Subdivider) as principal, and American Home Assurance Company as surety, hereby guarantee to the City of Huntington Beach the payment of the cost of setting all such monuments within or in connection with said tract, as are not already set prior to the recording of said Final Map, in accordance with said map and said certificate up to but not in excess of the sum of $ 16,200.00 ,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 20th day of May 18Q9 SHEA HOMES LIMITED PARTNERSHIP, a California limited partnership By: J. F. SHEA CO. , INC. , a Nevada corporation its general partner as Principal gY� Ronald C. Metzler Assistant Secretary By: Jim Massey, Assistant Secretary AMER AN- HOME ASSURANCE�COMPANY , as Surety By' Patricia H. Brebner, Attorney-in-Fact APPROVED I S TO FGR14:I CAIL HUi^OI,, Ci-LY Atl- orne$ At4.orney, 2092.01 '1.i/f7 . STATE OF CALIFORNIA COUNTY OF ORANGE On May 25, 1999 before me, Olivia Iskenderian, Notary Public . personally appeared Jim Massey and Ronald C. Metzler, personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. OUVIAcommission ISKsion#1186 N Commission#118G304 i v Notary Public-031ifaml0 Z orange county My Comm.6�pires Jun 8,2002 Olivia Iskenderian California General Purpose Acknowledgment For all documents executed in the State of California i • STATE OF CAUFORNIA ) ) Ss COUNTY OF ORANGE ) ON BEFORE ME, A NOTARY PUBUC 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 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 sogs.o i CALIFORNIA ALL-PURPOSE&NOWLEDGMENT • No.5907 State Of California County of Orange On May 20, 1999 before me, Teri Jackson, Notary Public DATE NAME.TITLE OF OFFICER-E.G.,-JANE DOE.NOTARY PUBLIC' ' personally appeared Patricia H. Brebner , NAME(S)OF SIGNER(S) personally known to me -OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s) acted, executed the instrument. a o� TEERI JACKSON CP," ',wT f CWA.t161=1 R "6S WnTMY?U&IC-ALIFC*A j Q E LOS V*ELES COUNTY N WITNESS my hand and official seal. 1 v ?�• My Corn.E p.OM M,1%9__j SIGN UR OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES ❑ OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE WC•1087/EP 7/94 ©1993 NATIONAL NOTARY ASSOCIATION 0 8236 Remmet Ave.. P.O. Box 7184 0 Canoga Park CA 9 1 3 09-7 1 84 American Home Assurance C04all PO«`ER OF ATTORNEY National Union Fire Insurance Company of Pittsburgh, Pa. Princioai Bond Officc: 175 Water Sirect,Nc%c)'ork. N.)'. 100 S No. tiS B-3 i'_95 KNOW ALL :.iEN IW THESE PRESENTS: That An cric:m Home Assurance Contpan.:, a Nc%y fork corporation, and National Union Fire Insurance Company of Pittsburgh, Pa., a Pennsylvania corporation,does each hereby appoint ---Robert M.;Minot,Patricia H.Brebner,Kevin P.Reed: of Santa Ana,California--- its tree and 1,nvFul Attomey(s)-in-Fact,\yi:a tali Outhority to execute on its behalf bonds, undertakings, rccognizariccs and odor contracts of indemnity and writings obligatory in the nature thereof,issued in the course of its busincss,and to bind the respective company thereby. iN WITNESS WHEREOF,American Home Assurance Company nd National Union Fire Insurance Cot:.pany of Pittsburgh,Pa.have each executed these presents this 24ti: day of February, 1999. ti toy tra dry .f Law ee w.Caristrorn,Senior Vice kn President National Union Fire Insurance Company of Pittsburgh,PA. tea 'AWN:°� Vice President,Ame ican Horne Assurance Company STATE OF NEW YORK } COUNTY OF NEW YORK jss. On this 24th day of February, 1999 before me came the r ` above named officer of American Home Assurance Company and ( r National Union Fire Insurance Company of Pittsburgh, Pa., to me _ personally known to be the individual and officer described herein. JOSEPH B. N07ZOLIO and acknowledged that he executed the foregoing instrument and Notary Public, State of 14ew York affixed the seals of said corporations thereto by authority of his No. 01-N04652754 office. ('Qualified in Westchester Cauntlf 3�m E sue, 3I. °Uu CERTIFICATE Exce-its of Resolutions adopted by the Boards of Directors of American Home Assurance Company end National Union Fire Insurance Company of Pittsburgh,Pa.on May 18, 1976: "RESOLVED,that the Chairman of the Board,the President,or any Vice President be,and hereby is,authorizes to appoint Attorneys-in-Fact to represent and act for and on behalf of the Company to execute bonds. undertakings, recognizances and other contracts of indemnity and ,xritings obligatory in the nature thereof,and to attach thereto the corporate seal of the Company,in the transaction,of its surety business; "RESOLVED, that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile.and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed .vith respect to any bond,undertaking, recognizance or other contract of indemnity or writing obligatory in the nature thereof-, "RESOLVED. that any such Attorney-in-Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert in such certification the date thereof,said date to be not later than the date of delivery thereof by such Attorney-in-Fact." 1, Elizabeth tN1.Tuck, Secretary of American Home Assurance Company and of National Union Fire Insurance Company of Pittsburgh,Pa.do hereby certify that the foregoing excerpts of Resolutions adopted by the Boards of Directors of these corporations,and the Powers of Attorney issued pursuant thereto,are true and correct,and that both the Resolutions and the Powers of Attorney are in full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of each corporation this 20th day ofyy May 1999_• `•. .::_ - rr 31 Elizabeth ivI.Tuck, Secretary 65100(41,06) CHANGE RIDER Rider to be attached to and form a part of Bond Number 00223280 , dated the 20 day of May 1999 , executed by American Home Assurance Company (the "Surety") on behalf of Monument Bond Tract No. 14660 Shea Homes Bond Amount: $16,200.00 (the "Principal") in favor of City of Huntington Beach (the "Obligee") The Principal and the Surety hereby consent to changing the attached bond as follows: The name of the principal on the bond is amended to: SHEA VICKERS BELMONT, LLC This change is effective 20 day of May 1999 The attached bond shall be subject to all of its terms,conditions and limitations except as herein modified. Signed, sealed and dated this 10 day of June '1999 WITNESS or ATTEST: SHEA VICKERS BELMONT., LLC (Principal) By See attached signature page (Seal) Name: Title: ADPEOVED A�- GAIL HUTTOid, City Attorney; By Deputy City Attorn47 America Home Assurance Company /ire �Q By , U/t�- </ (Seal) Attorney-In-Fact ACCEPTED: Patricia H. Brebner Name: (Obligee) Title: Date: WC-4880 8/94 Rev. CALIFORNIA ALL-PURPOSE OWLEDGMENT No.5907 State of caiifoxnia County of Oxange On June 10, 1999 before me, Dayle Olesen, Notaxy Public DATE NAME,TITLE OF OFFICER-E.G.,'JANE DOE.NOTARY PUBLIC' personally appeared Patricia E. Bxebnex NAME(S)OF SIGNER(S) personally known to me -OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s),or the entity upon behalf of which the person(s) acted, executed the instrument. ;r i WITNESS my hand and official seal. IGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL 0 ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES ❑ OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE WC-4087/EP 7/94 ©1993 NATIONAL NOTARY ASSOCIATION 0 8238 Remmet Ave., P.O. Box 7184 • Canoga Park CA 91309-7184 A"" ricaii Home Assurance C06:1ti � Pr?ATR OF ATTORNEY \ationai Union F.ire Insurance Company of Pittsburgh, Pa. Principal Bond Office: 175 Witter Street, New York. N.Y. IOO+S No. SS B-429j KNONV ALL LIEN BY THESE PRESENTS: That American Home Assurance Company, a New York corporation, and National Union Fire Insurance Company of Pittsburgh, Pa., a Pennsylvania corporation,does each hereby appoint ---Robert M.Minot,Patricia H.Brebner,Kevin P.Reed,Pamela M.Hummel: of Santa Ana,California--- its true and lawful Attorney(s)-in-Fact,with full authority to execute on its behalf bonds, undertakings,recognizances and other contracts of ind ernnity and writings obligatory in the nature thereof-issued in the course of its business,and to bird the respective company thereby. IN NViTNESS WHEREOF,American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh,Pa.have each executed these presents this 25 h day of March, 1999. Law -lice W.Carlstrom,Senior Vice President National Union Fire L•hsurance Company of Pittsburgh,PA. Vice President,American Home Assurance Company STATE OF NEW YORK } COUNTY OF NEW YORK }ss. r;anied officer of American Home Assurance Company and National 7OSEPX B. N-07MUO Union Fire insurance Company of Pittsburgh, Pa., to me personally Mdary Public State ci Ne," Y c k-:a..; -:! he r.:e ,......;dt:.0 a•:d officar described herein, and 'Ctaliiied in Westcnes;er County acknowled,ec that he e.cecuted the foregoing instrurnent and affixed �oc ` Tain the seats of sal•!corporations thereto by authority of his of"tee. t L4rw Jan. 311, CERTIFICATE Excerpts of Resolutions adcp:e l b: thener s C-F`r.:c:ic::n Ho;re .._- ._..ce Con:panv and National union Fire Insurance Company of Pittsi:urgh.Pa.on%lay 18, 1976: the Chairman of the Board,th President,or any Vice President be,an her:bv:s.a:::ho:;-e-: to_ At:or- ,,s-in-Fact to rcpr,._.n'and Co;, • `_'Q.id n cognizan.:- and 0icr contracts of indemnir:and writings ob!igatory in the nature thereof,and to attach thereto the corporal_sea!of'.... _. _ -. ,. ._,_:of:ts su^t; bUSineSS; "RESOLVED, that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal s"a!l be valid and binding upon the Company when so affixed with respect to any bond, undertaking, r_cegnizance or other contract of indemnity or writing obligatory in the nature thereof; "RESOLVED, that any such Attorney-in-Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert in such certification the date thereof,said date to be not later than the date of delivery thereof by such Attomey-in-Fact." 1,Elizabeth M.Tuck,Secretary of American Home Assurance Company and of National Union Fire insurance Company of Pittsburgh,Pa.do hereby certify that the foregoing excerpts of Resolutions adopted by the Boards of Directors of these corporations, and the Powers of Attorney issued pursuant thereto,are true and correct,and that both-the Resolutions and the Powers of Attorney are in full force and effect. iN WIT1ESS WHEREOF•.I have hereunto set my hand and affixed the facsimile seal of each corporation this loth day of June 1999. Elizabeth M.Tuck,Secretary G !(,6i96) y SHEA VICKERS BELMONT, LLC a Delaware limited liability company By: SHEA HOMES LIMITED PARTNERSHIP a California limited partnership, its managing member By: J.F. SHEA CO., INC., a Nevada corporation its general By: Les.Th rna Its: Vice President Ronald C. Metzler Its: Assistant Secretary STATE OF CALIFORNIA COUNTY OF ORANGE On June 17, 1999 before me, Olivia Iskenderian, Notary Public , personally appeared Les Thomas and Ronald C. Metzler, personally known to me (OF pFeved to to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. OLIVIA ISKENDERIAN Commission#1186304 z W Notary Public-C011famla orange Courtly (��jJ /I�� �� MY Comm.Et�i�es Jun B,2002 Olivia Iskenderian California General Purpose Acknowledgment For all documents executed in the State of California ATTACHMENT 4 SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND SHEA VICKERS BELMONT, LLC, FOR TRACT NO. 14660 TABLE OF CONTENTS Section Page 1 General Improvements...............................................................................................2 2 Arterial Highway Improvement.................................................................................2 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.....................................................................................8 13 Record Map..............................................................................................................8 SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND SHEA VICKERS BELMONT, LLC,FOR TRACT NO. 14660 This Agreement ("Agreement") is entered into this4A—dday of 1999, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY," and SHEA VICKERS BELMONT, LLC, a Delaware limited liability 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. 14660; 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 California Government Code of the State of California, and Chapter 225 of CITY's Zoning and Subdivision Ordinance. 1 g/jmf/99agreehr.14660 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,perform and pay for 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 IMPROVEMENT SUBDIVIDER agrees to complete all arterial highway improvements, including perimeter walls and landscaping required by conditions of the tract map,prior to release or connection of utilities for occupancy for any lot in the Tract. 2 g/j mf/99agreehr.14660 Ile 3. GUARANTEE SUBDIVIDER shall guarantee all work and material required to fulfill its obligations 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,performing 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 the date of City Council acceptance of the work as complete. 5. IMPROVEMENT PLAN WARRANTY SUBDIVIDER warrants the improvement plans for the work are adequate to accomplish the work as promised herein 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 (1) 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. 3 g/jmf/99agree/tr.14660 • • 6. NO WAIVER BY CITY Inspection of the work and/or materials, or approval of work and/or materials, or statement(s)by any officer, agent or employee of 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 relieve SUBDIVIDER of its obligations to-fulfill this Agreement as prescribed; nor shall CITY 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 CITY before acceptance of any work as complete by the City Council. 9. IMPROVEMENT SECURITY Upon executing this Agreement, SUBDIVIDER shall,pursuant to California Government Code Section 66499, and the Huntington Beach Zoning and Subdivision Ordinance, provide as security to City: A. Faithful Performance: For performance security, in the amount of one hundred seventy-two thousand five hundred dollars ($172,500.00)which is one hundred percent 4 g/jmf/99agreehr.14660 1 1 (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; or Acceptable irrevocable letter of credit. With this security, SUBDIVIDER guarantees performance under this Agreement and maintenance of the work for two (2) years 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 eighty-six thousand two hundred fifty dollars ($86,250.00)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; or Acceptable irrevocable letter of credit. With this security, SUBDIVIDER guarantees payment to the contractor, to its subcontractors, and to persons renting equipment or furnishing labor or materials to them or to 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. 5 g/jmf/99agree/tr.14660 I 10. INDEMNIFICATION, DEFENSE, HOLD HARMLESS SUBDIVIDER shall defend, hold harmless and indemnify CITY and its elective and appointive boards, commissions, officials, 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 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 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 arising out of or in connection with this Agreement, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of$1,000,000 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than$1,000,000 for this project. Said policy shall name City of Huntington Beach, its agents, officers, employees and volunteers as Additional Insureds, and shall 6 g/jmV99agree/tr.14660 l 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 above-mentioned insurance contain a self-insured retention, or a"deductible"or any other similar form of limitation on the required coverage. 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. g/jmV99agreehr.14660 7 / • i 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, 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 CITY (including,but not limited to: engineering, inspection, surveys, contract, overhead, etc.) immediately upon demand. SUBDIVIDER hereby consents to entry on the subdivision property by CITY and its forces, including contractors, in the event 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 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. SIGNATURES ON NEXT PAGE g g/jmf/99agree/tr.14660 �V SHEA VICKERS BELMONT, LLC, CITY OF HUNTINGTON BEACH, a a Delaware limited liability corporation municipal corporation of the State of California By: SHEA HOMES LIMITED PARTNERSHIP a California limited partnership, its managing member Mayor By: J.F. SHEA CO., INC., ATTEST: a Nevada corporation, its general partner City Clerk APPROVED AS TO FORM: By: Les Thomas p Its: Vice President City Attorney AND By: C - INITIATED AND APPRO Ronald C. Metzler Its: Assistant Secretary Me- City Engineer REVIEWED AND APPROVED: City Administrator 9 g/jmf/99agree/tr.14660 ATTACHMENT 5 r . T /9 ?:::::::::::::::'::;::;.:;::: :'::.;:::'' ;.i:;:: ,:;:.;:': DATE MM DD/YY) CORD,<:: > x;Ei i'i:::i i ;ii:: .::?_ i .:.%i :.x:`i;:;; ":':i':"' :ii ;::;:;r >:<: ( / �...................................................... - - 999 AEA ...�.� :> 21 MAY 1 PRODUCER 96969 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Willis Corroon Corporation of Los Angeles ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 801 N.Brand Blvd. #400 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Ca.Dept.of Ins. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. License #0507516 COMPANIES AFFORDING COVERAGE Glendale CA 91203 (818)548-7500 COMPANY American International Specialty Lines Ins.Co. Tara Stanbridge,ARM A INSURED COMPANY National Union Fire Insurance Co.of Pittsburgh,PA B Shea Vickers Belmont,LLC c/o Shea Homes LP COMPANY P.O.Box 1509 C Brea CA 92822 COMPANY D i3VERAGE3... :.:. .. .... ..... 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) A GENERAL LIABILITY GL2673844 01-AUG-1998 01-AUG-1999 GENERAL AGGREGATE $ 9.000.000 X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP OP AGO $ Included CLAIMS MADE � OCCUR PERSONAL&ADV INJURY $ 2.000.000 OWNER'S S CONTRACTOR'S PROT EACH OCCURRENCE $ 2,000,000 FIRE DAMAGE(Any one fire $ 50.000 MED EXP(Any oneperson) 5.000 B AUTOMOBILE LIABILITY 8260153 01-AUG-1998 01-AUG-1999 COMBINED SINGLE LIMIT $ 1,000,000 X ANYAUTO ALLOWNED AUTOS BODILY INJURY SCHEDULED AUTOS APPROVEDL� mQ FC M; (Per person) $ X HIRED AUTOS GAIL 11UcT�i z.,: Ga-t i �ttcrney, City ttorneY. BODILY INJURY $ X BY'? e tZ'Q 1' (Per accident) NON-OWNED AUTOS �/j��!_ �0 �Yh PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE I EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM B WORKERS COMPENSATION AND 7081978 01-AUG-1998 01-AUG-1999 X WpRY LIMITS ER OTH- EMPLOYERS'LIABILITY 1,000.000 EL EACH ACCIDENT $ THE PROPRIETOR/ X PARTNERS/EXECUTIVE INCL EL DISEASE-POLICY LIMIT $ 1,000.000 OFFICERS ARE: EXCL EL DISEASE-EA EMPLOYEE 1,000.000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS SEE ATTACHED ...................................... AIv± L A'ITV.........:.:............:::.:. ::::.:.::::::::.::::..::.::::::::.::.::.:.:::: .. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL XWbrAX1WIf& MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, City of Huntington Beach K=>FXKM X7CXM1wj0fKN§T1w9KXwXumm KONKpMMt1t)N(Xw KNEW"XX 2000 Main Street OpXX NY% NQI %1R%A(X X %XdIKNll9(XKJt71 XX Huntington Bch CA 92648 AUTHO ENTATn/E .................................................................................................................................. ................. . ............................ ..........I . ...... , ...:...... .. .. ::::: :::.:.:::::::.:.::: :::::::::::::...:......::::.::.::::::::::::::::::::::::.:.:.:....::.:...:::.:.:....::::.:...::..::::::::::::::::::::::.:::.::::.. ..::::::.::..........::.:.:::.... .::::.::::.fT " ! .:::. .:.:.: .. ....... .......::::::.::. ..: <:>::::>::..........::......<:>:<:>::»::::>::::::>::>::::::«:::>: ............................................................................................................ . :...:.AI #�. . . .. . t 'Ibt .. UE DA TE M WILLIS EE:>``' :':::::::::::::::::::::: ISSM DD NY) CORROON /::;:: ::........ +7 '!1 �..................... �..... .. :..'fir:::.::.. 21-MAY-1999 HOLD.THIS CERTIFICATE DOES NOT AMEND,EXTEND FORMATION THENCOVERAGE AFFORDED BY THE POLICIESTBELOW 96969 INSURED` PRODUCER Willis Corroon Corporation of Los Angeles 801 N.Brand Blvd.#400 Shea Vickers Belmont,LLC Ca.Dept.of Ins. c/o Shea Homes LP License#0507516 P.O.Box 1509 Glendale CA 91203 Brea CA 92822 (818) 548-7500 Tara Stanbridge,ARM L:OYir :::.::::::::::: THIS I$ 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 MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS DATE MM DD DATE MM DD DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS The certificate holder is named as additional insured under the General Liability coverage per the attached CG2010. Re : Tract No. 14660 and all operations Additional insured: City of Huntington Beach , its agents , officers and employees :::::: :::::::......:.....:....::.:...........,.::.>:.;:.;:.;.;::.;:<::::::._::;:::::::::;:::::::::::::::::::::::::::::::::::::::;::.:.;::::::;::::::::::: ►EATCATE::HDLDER»<>:z«::::z::<::::<:::::>::>:::::i`;:::<:.>:<:<::<:>::::>>:::<:>::>:':<:<:<:::::i::::::>:::<:>::>::>:<«::::::::z::z»>::»::>::::»:::>::::: :.......................................................................::::: Ai�it+EL EATS]N... ..........::::......::::::.....:::::::::::::::::::::::......::::::::: :::::::::::::::::: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL Xftt*hW)t* MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT? City of Huntington Beachc1ESK>7bltacC>E�MK>e�I1QtKM9lxtlGRXSEUCOIXMp#> (RIIOfcRNKd00PA1QNCA�O(KOA>tIRRxx 2000 Main Street Huntington Bch CA 92648 AUTHO SENTATI/E F\?�.�.� R: :::::::::::::::: ::::: :::::: ::::::. 1F1 {7tR� :::Y::::::: :::::::::.:::s::: ........................ ................:::::::............... ........... ....................... ......... POLICY NUMBER: GL 267-38-" RA COMMERCIAL GENERAL LIABILITY CG20101093 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT-CAREFULLY. ADDITIONAL INSURED-OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: ; COMMERCIAL GENERAL LIABILITY COVERAGE PART This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. SCHEDULE Name of Person or Organization: ANY PERSON OR ORGANIZATION AS REQUIRED BY INSURED CONTRACT AND EVIDENCED BY A CERTIFICATE OF INSURANCE ON FILE WITH THE COMPANY. (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 11) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. 1 CG 20 10 10 93 Copyright,Insurance Servlaes Offbe,Inc.,1992 i • RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Approve the Substitution of Bonds and Subdivision Agreement for Tract No. 14660 COUNCIL MEETING DATE: August 2, 1999 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached Financial Impact Statement (Unbudget, over.$5,000) Not Applicable Bonds (If applicable) Attached Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED- RETURNED FORWARDED &1 f' : Administrative Staff 7 S ( ) Assistant City Administrator (Initial) City Administrator (Initial) City Clerk EXPLANATION FOR RETURN OF ITEM:" mom_L Only)(Below Space For City Clerk's Use RCA Author: Bruce Crosby H >>�' CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH Connie Brockway,City Clerk Office of the City Clerk To: Date: 7Ia3—55 Meeting Date: Agenda Item: CC 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 resubmit,please return to: Pat Dapkus, Management Assistant, City Administrator's Office. 1. 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 lout" cry G v so a.7 B Clarification needed on RCA e e- pan ckl e igjcb, C Other f r ,,, k w 6. City Attorney Approval Required 7. Agreement Needs To Be Changed A Page No. 8. Other G:agenda/misdreaform 1 1 W C41) _/X O spit L� Y� > S►`ar1� �r� ti,67- e i H >NE4' CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH Connie Brockway, City Clerk Office of the City Clerk To: Date: ->J- chJ Meeting Date: A - � 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 resubmit,please return to: Pat Dapkus, Management Assistant, City Administrator's Office. 1. I 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 - . t- t v B Clarification needed on RCA 0 r:3. (', F'l C Other 6. City Attorney Approval Required 7. Agreement Needs To Be Changed A Page No. 8. Other G:agendatmisdreaform — ���Fi ,'✓ i . . . r 1 �. t J. HUN-MGTON BEACH - TO: Gail Hutton, City Attorney //�� FROM: Connie Brockway, City Clerk Cb DATE: August 27, 1998 SUBJECT: Format Of Easement Deeds and Consent To The Sale Of Property And The Assumption of Rights, Duties And Obligations Since submitting the attached RLS an easement on another PLC project has been approved by Council, with discovery not made until later that there is no date on the deed nor the Consent to the Sale of Property, however the last sentence on the deed reads IN WITNESS WHEREOF,the parties hereto have executed this Certificate by and through their authorized officers on the date first above written. Shall these documents be recorded containing this error? I would appreciate the City Attorney's Office advising PLC Company of this deficiency in their document format. Thank You. Attachments: Easement Deed Consent To Sale Cbmems:98-133jc.doc CITY O, VINTINGTON BEACH RLs REQUEST FOR LEGAL SERVICES Assn To �} Gail Hutton, City Attorney pate - _ . Date: Request made by: Telephone: Department: 07/31/98 Connie Brockway 536-5227 City Clerks Office INSTRUCTIONS: File request in the City Attorney's Office. Outline reasons for this request and state facts necessary for City Attorney to respond. Please attach all pertinent information and exhibits. TYPE OF LEGAL SERVICES REQUESTED: ❑ Ordinance ® Opinion ❑ Stop Notice ❑ Resolution ❑ Lease ❑ Bond ❑ Meeting ® Contract/Agreement ❑ Deed ❑ Court Appearance ❑ Insurance . ❑ Other: Is Request for Preparation of Contract form attached? ❑ Yes ❑ No Are exhibits attached? ® Yes ❑ No Unless otherwise specified herein, I If not for Council action, consent to the disclosure of the If for City Council action, desired completion date: information contained in this RLS to all members of the CI uncil. Agenda Deadline Council Meeting 08/05/98 Signature oftepartmeWHead COMMENTS: Rou#mg Is the attached document detrimentally affected as there is no"date first above written"as referred to in the GCH. last paragraph of page#3. (The document does not contain a space to enter a date). PDA. ❑ JCB ..:.<.<> If this particular document is O.K. and does not have to be fixed and re-recorded, will your office corract the SL computer document for future agreements? } S F :�• �.: — J�c v 25L = JM ❑ n7 9 8,-4 9 G O. This`Regtaestfor Legal Services has been assigned to attorney PAUi D'- ALESS /5/98 extension 5 G 15 His.her secretary is S a r a j a n e ,;extension 'S 5 5 Notes FLIe Name Date Completed WP No, Shaded areas for City Attorney's Office use only. f 64 D/N G '#/D — 7R-f}-0-T / '-(a(a o _ e0/VSF)v7- F0 AL A01/V6 CITY Or UNTINGTON BEACH RLs No. REQUEST FOR LEGAL SERVICES Assn To ` Gail Hutton, City Attorney Date . . .... ... .. . . ..... Date: Request made by: Telephone: Department: 07/31/98 Connie Brockway 536-5227 City Clerks Office INSTRUCTIONS: File request in the City Attorney's Office. Outline reasons for this request and state facts necessary for City Attorney to respond. Please attach all pertinent information and exhibits. TYPE OF LEGAL SERVICES REQUESTED: ❑ Ordinance ® Opinion ❑ Stop Notice ❑ Resolution ❑ Lease ❑ Bond ❑ Meeting ® Contract/Agreement ❑ Deed ❑ Court Appearance ❑ Insurance ❑ Other: Is Request for Preparation of Contract form attached? ❑ Yes ❑ No Are exhibits attached? ® Yes ❑ No Unless otherwise specified herein, I If not for Council action, consent to the disclosure of the If for City Council action, desired completion date: information contained in this RLS to all members of the Ci uncil. Agenda Deadline Council Meeting 08105i98 Signature o epartmen ead COMMENTS: Routing Is the attached document detrimentally affected as there is no"date first above written"as referred to in the GCH :::n last paragraph of page#3. (The document does not contain a space to enter a date). PDA JCB.. . :171 If this particular document is O.K. and does not have to be fixed and re-recorded, will your office correct the SL computer document for future agreements? WSA El JM `, Lj :.:In _. .:. .LJ This Request for Legal Sefvlces has been assigned to attorney extension; His/her secretary is ..extension Rotes Ftle Name Date Completed WP No LLJ Shaded areas for City Attorney's Office use only. .ram CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH TO: Connie Brockway,City Clerk FROM: Gail Hutton,City Attorney DATE: September 23, 1998 SUBJECT: . Document Formatting RLS 98-496 Thank you for noticing that our documents for recordation have not been dated. Although this is not a flaw that requires the documents to be re-recorded, we will endeavor to include dates on such documents in the future. Gail Hutton City Attorney 4/s:4-98Memos:C1erk923 >� CITY OF !tNTINGTON BEACH • RLS Ivo. G, REQUEST FOR LEGAL SERVICES q Gail Hutton, City Attorney pate a :ram Date: Request made by: Telephone: Department: 07/31/98 Connie Brockway 536-5227 City Clerks Office INSTRUCTIONS: File request in the City Attorney's Office. Outline reasons for this request and state facts necessary for City Attorney to respond. Please attach all pertinent information and exhibits. TYPE OF LEGAL SERVICES REQUESTED: ❑ Ordinance ® Opinion ❑ Stop Notice ❑ Resolution ❑ Lease ❑ Bond ❑ Meeting ® Contract/Agreement ❑ Deed ❑ Court Appearance ❑ Insurance _ ❑ Other: Is Request for Preparation of Contract form attached? ❑ Yes ❑ No Are exhibits attached? ® Yes ❑ No Unless otherwise specified herein, I If not for Council action, consent to the disclosure of the If for City Council action, desired completion date: information contained in this RLS to all members of the Cl until. Agenda Deadline Council Meeting 08/05/98. Signature o epartmen ead COMMENTS: Routing . Is the attached document detrimentally affected as there is no"date first above written"as referred to in the GCH ❑ last paragraph of page#3. (The document does not contain a space to enter a date). PDA 0_ J.CB ❑ If this particular document is O.K. and does not have to be fixed and re-recorded,will your office correct the ..; St [] computer document for future agreements? zQ `' WSA ❑ ►��" JM 0 `' c� <_ 0 fl 98-496 C This Request for Legal Services has been assigned toattomey �'A U is D'A`L I_S 5 A Pi I)R 0 8 5 19 8 extension 5515 His/hersecreta is Sarajane extension55 _. ry... Notes File Name Date Completed WP No Shaded areas for City Attorney's Office use only. • I�� F��oN-1�P1� ��inas-dPv✓ Council/Agency Meeting Held: [o1, 19 F Deferred/Continued to: Appr �—ovedo ElConditionally Approved ElDenied ~-+7 City Clerk's Signature Council Meeting Date: June 1, 1998 Department ID Number: CD 98-21 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, City Administrator PREPARED BY: MELANIE S. FALLON, Community Development Director �L�ZZee-- SUBJECT: FINAL TRACT MAP NO. 14660 OF TENTATIVE TRACT MAP NO. 14660, WITH BONDS AND AGREEMENTS (BELMONT) Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status, Attachment(s) Statement of Issue: Final Tract Map No. 14660 located on the southeast corner of Ellis Avenue ark GEGthard Street is being submitted for City Council approval. CM' � r, Funding Source: Not applicable. q r rnoI Xj Recommended Action: kV .c Motion to: b 1. "Approve Final Tract Map No. 14660 and accept the offer of dedication, improvements, and bonds pursuant to findings and requirements (Attachment No. 1); and; 2. Approve Subdivision Agreement between the City and PLC Land Company and authorize execution by the Mayor and City Clerk." Alternative Action(s): The City Council may make the following motion: "Deny Final Tract Map No. 14660 and reject the offer of dedication, improvements, and bonds." *QUEST FOR COUNCIL ACTIN MEETING DATE: June 1, 1998 DEPARTMENT ID NUMBER: CD 98-21 Analysis: A. PROJECT PROPOSAL: SUBDIVIDER: PLC Land Company 23 Corporate Plaza, Suite 250 Newport Beach, CA 92660 ENGINEER: Walden and Associates 18012 Cowan, Suite 210 Irvine, CA 92714 LOCATION: Southeast corner of Ellis Avenue and Gothard Street ZONE: HSSP-RM (Holly Seacliff Specific Plan-Medium Density Residential) GENERAL PLAN: RM-15.0-sp (Residential Medium Density-Specific Plan Overlay) NO. OF ACRES: 21.84 acres NO. OF NUMBERED LOTS: 98 NO. OF LETTERED LOTS: 25 NO. OF UNITS: 98 units DATE OF COMPLETE APPLICATION: May 20, 1998 MANDATORY PROCESSING DATE: June 1, 1998 DISCUSSION: On December 9, 1997 the Planning Commission approved Tentative Map No. 14660 to subdivide 21.84 acres for future development of 98 single family residential units. Final Tract Map No. 14660 represents the only phase of the project. The subdivider has satisfied the Park and Recreation requirement through the use of land dedication credits for 1.68 acres in the future Harriett M. Wieder Regional Park. The project is required to comply with the Affordable Housing Plan for the Holly Seacliff area prior to final inspection of the first home in the subdivision. The affordable units required for this development will be provided off-site elsewhere within the Holly Seacliff Specific Plan area. CD98-21 -2- 05/20/98 4:18 PM *QUEST FOR COUNCIL ACT41IN MEETING DATE: June 1, 1998 DEPARTMENT ID NUMBER: CD 98-21 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. Environmental Status: This action to accept Final Tract Map No. 14660 is exempt from the requirements of the California Environmental Quality Act, Section 15268(b). Environmental Impact Report No. 89-1 was approved by the City Council in 1990. Attachment(s): NumberCity Clerk's Page 1. Findings and Requirements for Acceptance of Final Map 2 Area Map 3. Tentative Tract Map No. 14660 with site plan 4. Tentative Tract Map No. 14660 Findings and Conditions of Approval 5. Subdivision Agreement CD98-21 -3- 05/20/98 4:18 PM f NOTICE O COMPLIANCE WITH C N f ONDITIONS ON TRACT/PARCEL MAP AND AUTHORIZATION FOR RELEASE FOR RECORDING TO: . CITY CLERK DATE: FROM: COMMUNITY DEVELOPMENT Howard Zelefsky TRACT NO. 1 r"4(p(4 0 PARCEL MAP NO. �^' • PARK AND RECREATION FEES PAID: YfYES $ � � � ❑ NO OTHER: #4 444" for: Howard Zelefsky -- — Planning Director 'i. CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Janelle Case Deputy City Clerks FROM: Bruce P. Crosby Civil Engineer Assistant SUBJECT: Tract No. 14660 (Recordation) DATE: June 2, 1998 Tract No. 14660 was approved by City Council on June 1, 1998, however, they have not paid there fees. Please do not allow this map to record. 31948 f �a-�- ��� ICA F-e 4 ��� R�CEIVED MAY 2 8 1998 1 1996 \ GATT:(MMIDD YY) ::. APPO :...... . .. . ................t ...... � � :::::::::..::..:::::::::::::.::::::::. :::;::::;?::;;:>i:::ii:::;;i;:::::::<: : :::<:: : :::::s_ :;.:.:;<.:;.>:.>;:.;>;:.>:.>;:.:;>::.>:.>:.>:.>:<;:::.:.;>:.;::.;:«.;;:::::::::::::. .............. n F;A ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE GALLAGHER HEFFERNAN INS BRKRS HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 7443 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. San Francisco, CA 94120-7443 n �aQ.�pt1 COMPANIES AFFORDING COVERAGE l.G� q� COMPANY 415-546-9300 A Acceptance Insurance Company INSURED coatPANv PLC B Ins . Co. of the State of PA 23 Corporate Plaza 2« COMPANY Suite 250 C Newport Beach, CA 92660 — '- COMPANY >:•:>: >;>;:: >:•>::•»: ' D : : » : : ::�: :I.. ..... L • : > > > » ». .>::»: O : »> :» YHATTHEPICIESOFIN URANCE..IST : »::< : » RTHIS STOCERTIFY L EDBEOWHAVE BEENSSUEDTOTHENSURED NA�EDABOVEFORTHEPOLCYPE OD:<:: • • INDICATED.NO TWIT HST ANDINGANYREOUIREMENT.TERM ORCONDITIONOFANYCONTRACTOROTHERDOCUMENT WIT HRESPECT TOWHICHTHIS CERTIFICATE MAYBE 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 SHOWNMAY HAVE BEE41REDUCEDzY PAID CLAIMS. 00 TYPE OF INSURANCE POLICY NUMBER POLIOVEFFECTIVE POLICY EXPITATIO LIMITS LTA DATE(MMIDDIVY) DATE(MWDDIVY) GENERAL LIABILIT Y GENERAL AGGREGATE _ A X COMMERCIAL GENERAL LIABILITY D98CM0658 5/08/98 5/09/99 PRODUCTS-COMP/OP AGO t CLAIMS MADE Fx—] OCCUR PERSONAL & ADV INJURY = OWNER'S&CONTRACTOR'SPROT ! EACH OCCURRENCE 1 1000000 $25 ,000 SIR ` FIRE DAMAGE(Any one lire) t MED EXP(Any one person) _ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT = ANY AUTO ALL OWNED AUTOS S TQ BODILY INJURY = SCHEDULED AUTOS a/ j� ry FI Rl�. r ,,I HIRED AUTOS ta,l r�, , BODILY INJURY NON-OWNED AUTOS T1��?1; iV (Per accident) _ 1/ PROPERTY DAMAGE : GARAGE LIABILITY 17 Afti7 AUTO ONLY •EA ACCIDENT = ANY AUTO 07 OTHER THAN AUTO ONLY: o J� EACH ACCIDENT AGGREGATE 1 EXCESSLIABILITY EACH OCCURRENCE $ 9000000 } B X UMBRELLA FORM 41988555;,. 5/09/98 5/08/99 AGGREGATE $ 9000000 l r OTHER THAN UMBRELLA FORM SIR $ 10000 F WORKERS COMPENSATION AND `` �� STATUTORY LIMITS EMPLOYERS'LIABIL ITY — EACH ACCIDENT = THE PROPRIETOR/PARTNERS/EXECUTIVE INCL DISEASE-POLICY LIMIT Is OFFICERS ARE: REXCL �''< DISEASE-EACH EMPLOYEE t OTHER DESCRIPTION OF Certificate holder named as additional insured per form CG2010 attached. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUWG COMPANY WILL*) SA>YQ XQYMAD. City of Huntington Beach its 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. Agents ,Officers & Employees wK eouvwK 6tIDI Nucl w3m 3iF M)tdRQi I IQ(V)Q}t OtAR9�X 2000 Main Street 9fx A t.x x 91ax%W%W42 Huntington Beach, CA 92648 THORIZ T9 071970000 7Attn: IChris Mendoza ....2....... .......: ...... "JAI:. . . [... . ::.:::.:::::..:::...:.:.:::..::::::::::::::::::::::::::::::::::::::::::::::::::::.:: ::::::..::::::::::::::::::::.�:::::::::::::::::::. . RISC: 14AWA G EMENT _ RISK: MANAGEMENT. Jun 30 9 42 '98 hay I 10 ss Ah� POLICY NUMBER:, D98CMCO COSERCIAL GENE LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -- OWNERS, LESSEES, OR CONTRACTORS (FORM B) C', ele x This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: City of Huntington Beach its Agents, Officers & Employees 2000 Main Street Huntington Beach, CA 92648 Attn: Chris Mendoza (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 II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of 'your work'for that insured by or for you. CG 20 10 11 85 Copyright, Insurance Services Office, Inc., 1984 • ��..• ;._ r i ._ .. �- �� ..�:. t ._ •,' 'L 'e� • City of Huntington Beacii ' 2000 Main Street HUNTINGTONBEACH California 92648 DECLARATION of NON-EMPLOYER STATUS in order to comply with City Council Resolution No. 97-20, you are required to provide proof of Workers' Compensation insurance. If you have no employees, this form must be signed and returned to: City of Huntington Beach Risk Management Division 2000 Main Street Huntington Beach, CA 92648 I certify that in the performance of the activity or work for which this permit is issued, I shall not employ any person in any manner so as to become subject to California Workers' Compensation insurance requirements. I authorize the City of Huntington Beach to immediately and retroactively revoke the license or permit issued under this declaration if I hire any employee(s) or become subject to the provisions of the laws requiring Workers' Compensation Insurance. Applicant/Company Name: PLO— , Address: R eu 90)44n r. �$Applicant's Signature: Date: '- Title: C n-f1 rYa6L'L,,C .. Location Signed: �� -' 7 Telephone Number: G:\RiskMgmt\Cert-Ins\WC-Wvr.Doc (Rev. 8/13/97) i J th p and ►dao ��;'y� �5� CAIN EXHIBIT.H CITY OF HUNTINGTON BEACH APPLICATION FOR INSURANCE REQUIREMENTS WAIVER OR MODIFICATION 1. Name/Title/Department of Requesting Staff Member: Christi Mendoza/Ofc Spec/Risk Mgmt. 2. Date of Request: 8/5/98 3. Name of Contractor/Permittee: PLC 4. Description of work to be performed: Tract Developer-; 5. Length o Contract: Not a contract w/City; developing land within City 6. Type of Insurance Waiver or Modification Requested: $25,000 SIR (a)Limits: 11000,000 (b)Coverage: General Liability 7. Reason for Request for Waiver or Reduction of Limits: Unable to secure insurance without SIR on General Liability policy 8. Identify the risks to the City if this request for waiver or modifications granted: None, carrier pays claims directly and bills insured the SIR Department Head Signature: (This section to be completed by the Risk Manager) Recommendation: ' Approve ------Deny_ Risk Manager's Signature/Date—LL=/ (This section to be completed by the City Attorney) Recommendation: p Approve / Deny City Attorney's Signature/Date Settlement Committee approval [is] [is not]required for this waiver. If Settlement Committee approval is required,submit . form to City Attorney's Office to be placed on the agenda. Recommendation: Approve Deny City Council approval [is] [is not]required for this waiver. If City Council approval is required, attach this form to the RCA after consideration by the Settlement Committee. This insurance waiver[is] [is not] on City Council agenda. j mp/k/resoution/ins req/2%6/98 7 CITY OF HUNTINGTON BEACH ` ' 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK August 17, 1998 First American Title Insurance Company 114 E 5th Street Santa Ana, California 92702 Attention: Jamqs Ckef6nd KAreN f odiA16-01/ Regarding: Final Tract Map No. 14660 - Order No. OR 9738189 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, emoe;' Connie Brockway, CIVIC City Clerk CB:cg Enclosure Received by: X)& 5 a Dated: 1 Telephone:714536-5227)