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Home My WebLink AboutTract 14355 - Seacliff Ventures, LP - Lennar Homes of Califo city Hunt n Beach ingto • P O Box 711 CALIFORNIA 92648 TELEPHONE 714 536.5200 FAx 714 374.1603 SHARI L. FREIDENRICH CITY TREASURER February 25, 2003 CERTIFIED MAIL The Gulf Insurance Company 125 Broad Street, 81h Floor New York,NY 10004 To Whom it May Concern: This is to inform you the City Council of the City of Huntington Beach, on June 3, 2002 approved the release of the following bond(s): Tract# 14355 Guarantee& Warranty Bond No. BE 2624511 We are releasing the bond and have enclosed them 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, SVi . idenrich, CPA, CCMT, CFMA =_ City Treasurer o =. Enclosures =' cc: Seacliff Ventures, LP `' r r7l 20201 SW Birch St., Ste. 200 Newport Beach, CA 92660 r D Robert F. Beardsley, Director of Public Works (no attachments) Connie Brockway, City Clerk (no attachments) G:Uoyce\Released Bonds\Bond release TR14355 seacliff.doc RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Approve the Release of Guarantee &Warranty Bond for Tract 14355 COUNCIL MEETING DATE: June 3, 2002 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 Attomeyj Not.Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attome Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement Unbudget, over$5,000 Not Applicable Bonds If applicable) Not Applicable Staff Report If applicable Not Applicable Commission, Board or Committee Report If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVLEWED RETURNED FORWAROED Administrative Staff Assistant City Administrator Initial City Administrator Initial cri City Clerk E EXPLANATION FOR RETURN OF ITEM Space . Only) RCA Author: T. Elliott . ` C it of Huntington Beach ' _�•� P O BOX 711 CALIFORNIA 92648 TELEPHONE 714 536.5200 FAx 714 374.1603 SHARI L. FREIDENRICH CITY TREASURER April 30, 2001 CERTIFIED MAIL x Iv G O Z AON Risk Services z �, 695 Town Center Drive, Suite 500 mac?-=ire* Costa Mesa, CA 92626 z-<�rr � To Whom it May Concern: D ��'' C` This is to inform you the City Council of the City of Huntington Beach, on April 16, 2001,iv Q approved the release of the following bond(s): v Tract# 14355 Faithful Performance and Labor&Material Bond No. 1113346 4286 Monument Bond No. 1113346 4294 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, 01 U � Shari L. F enrich, CPA, CCMT City Treasurer Enclosures cc: Lennar Homes of California, Inc. 24800 Christanta Dr. Mission Viejo, CA 92691 Bob Beardsley, Director of Public Works (no attachments) Connie Brockway, City Clerk(no attachments) G:Voyce\SHARI\LETTERS\Bond release 14355b.doc City of Huntington Beach P O Box 711 CALIFORNIA 92648 I TELEPHONE 714 536.5200 FAx 714 374.1603 SHARI L. FREIDENRICH CITY TREASURER April 30, 2001 CERTIFIED MAIL Frontier Pacific Insurance Company o _ 6404 Wilshire Blvd., Ste. 850 � a Los Angeles, CA 90048-5510 � —34 r,..-, rT. 1 0--_+'<C To Whom it May Concern: CO oao c D m c• This is to inform you the City Council of the City of Huntington Beach, on April 16, 2001q-:� _ approved the release of the following bond(s): tv v Tract# 14355 Faithful Performance and Labor&Material Bond No. SD 00083514 Monument Bond No. SD 00083515 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 L. denrich, CPA, CCMT City Treasurer Enclosures cc: Seacliff Ventures, LP 20201 S. W. Birch St., Ste. 200 Newport Beach, CA 92660 Bob Beardsley, Director of Public Works(no attachments) Connie Brockway, City Clerk(no attachments) G:Voyce\.SHARN.ETTERS\Bond release TR15355.DOC RECEIVED BY: CITY CLERK RECEIPT COPY ` Return DUPLICATE to �M. • "' C =` e, Jeffrey Hughes(ext.6260) a—. (Name) after signingidating r t (Date) CITY OF HUNTINGTON BEACH t INTERDEPARTMENTAL COMMUNICATION TO: Shari Freidenrich, City Treasurer ATTN: Jim Slobojan, Deputy City Treasurer FROM: DATE: SUBJECT: Bond Acceptance I have received the bonds for (Company Name) Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. (:�e'J''�;�,ru''4�4 �:.. iY E�;"'I•.'��,i'� � f�!`1 i'- 4,��. .��;.1�.;3 i Re: Tract No. CC No. MSC No. Approved fi Agenda Item No. 'y (Council Approval Date) ; City Clerk Vault No. g3jahlbondletter.doc i' RECEIVED BY: 'r• CITY CLERK RECEIPT COPY" Return DUPLICATE to Jeffrey Hughes(ext.5260) (Name) �— after signing/dating (Date) i CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Shari Freidenrich, City Treasurer ATT�N:^Jim Slobojan, Deputy City Treasurer FROM: DATE: 04- SUBJECT: Bond Acceptance I have received the bonds for W40A 4� (AWO'NO)A I INC_ (Company Name) Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. 4, �4A "0- 11\ "y yob Re: Tract No. M95 CC No. MSC No. Approved (A - Agenda Item No. -3 (Council Approval Date) City Clerk Vault No. N) �24• g1jah/bondletter.doc Recording requested by, Recorded in Official Records, County of Orange and when recorded return to: Gary Granville, Clerk-Recorder Connie Brockway,City Clerk (IIIII IIIII IIIII IIIII IIIII IIIIIIIIII IIIII IIIIIIIIII IIIII NO FEE Office of the City Clerk 2001027548012.09pm 05/02101 CITY OF HUNTINGTON BEACH 117 27 A04 1 P.O.Box 190-2000 Main Street 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Huntington Beach,Ca.92648 - _ - - -- -- --- --J (Space above this line for Recorder's use only) ACCEPTANCE OF PUBLIC IMPROVEMENTS (Huntington Beach Zoning and Subdivision Ordinance Section 255.22) _ L� PLEASE TAKE NOTICE THAT on April 2, 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. 14355. Public improvements constructed consist of the domestic water system and appurtenances within both the private and public streets,the storm drain system and appurtenance,the sewer system, curb & gutter, paving and sidewalk within the public streets. The Foregoing instrument is the City Clerk's Original Document Reflecting City Council Action Taken at 04-16-01 City Council Meeting Submitted for Recordation by the Orange County Recorder. Attest Aril 20 20 01 CON NE BROCKWAY City Clerk and Ex-officio Clerk of ncil Of the Ci of Huntington Beach, California By Deputy T�i,. arc., "MI OF CITY OF TING BEACH ...... ------- ------ °tv 41 i by: City Engineer This document is solely for the official business of the City of Huntington Beach, as contem- by: City Attorney plated under Government Cade Sec. 6103 and should be recorded free of charge. G:/Eng/Crosby/Forms/fr 14355 acc form 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 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 6 g/j m 09agree/tr.14355 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 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 to 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 full 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. 7 g/j mf/99agree/tr.14355 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. SIGNATURES ON NEXT PAGE 8 g/j mf/99agreeAr.14355 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. s LENNAR HOMES OF CALIFORNIA, INC., a California corporation: CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California By: L— ��— print name ITS: (circle one)Chairman/Presiden Vice President Mayor AND ATTEST: By�-� v �ir'ccG %x ,O/C w/GSU�/ City Clerk �7/a oo v print name ITS: (circle one) Secretary/Chief Financial APPROVED AS TO FORM: Officer sst. Secretar Treasurer $`5 .11 City Attorney REVIEWED AND APPROVED: INITIATED AND APPROVED:62� O Cit dministrator W City Engineer 9 g/jmf/99agree/tr.14355 Y� SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND LENNAR HOMES OF CALIFORNIA, INC. FOR TRACT NO. 14355 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 STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) On September 21, 1999, before me, Lilli Tippens, a Notary Public, personally appeared Jeffrey Roos, Vice President and Trudie Wilson, Assistant Secretary, personally known to me to be the persons whose names are subscribed on the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that by their signatures on the instrument the persons, or the entities upon behalf of which the persons acted, executed the instrument. uw nPPBrs WITNESS my hand and official seal Commhft #1191243 C OM N&M Pubk-Ca lowdo orange County My Comm.E pkw Jul 2 L MM Signatur [SEAL] DATE IMM/DDNYI -. AG�RDTME `C` rCA.F 1J L[ BLI`"11[ NC1�: 11/30/98 a I; PRODUCER /f/ ice Q ul' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION I. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Aon Risk Services, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ,T= 69S Town Center Dr, #500 t 6�'/O ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Costa Mesa, CA 92626 �pyv✓ed COMPANIES AFFORDING COVERAGE c� COMPANY r 714-688-3390 7. _ Zurich American Ins. INSURED -- • 0- COMPANY ------ �� Lennar Homes of Calif. Inc. B t� 24800 Chrisanta Dr. #200 COMPANY Mission Viejo, CA 92691 C COMPANY f Ile D :. .<:.::;:.:: ......:.< :... ... ...::..:..: : .:.-.::... ..:.. . E.OVIRAGE5 »::::;::::.:.:::.:.:..::... .... 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 :a CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, j EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE IMM/DDNYI DATE(MM/DDNY) GENERAL LIABILITY GENERAL AGGREGATE S 2)0 0 0 0 0 A X COMMERCIAL GENERAL LIABILITY GL02090893 11/30/98 11/30/01 PRODUCTS-COMP/OPAGG S 10_00000 CLAIMS MADE X�OCCUR PER PROJECT GENERAL PERSONAL&ADV INJURY S 1000000 OWNER'S&CONTRACTOR'SPROT AGGREGATE EACH OCCURRENCE S 1000000 FIRE DAMAGE(Any one fire) a 50000 MED EXP(Any one person) 8 5000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO ALL OWNED AUTOS BODILY INJURY } IPer person) $ SCHEDULED AUTOS AP ROVED r AS TO HIRED AUTOS FORM: BODILY INJURY NON-OWNED AUTOS GAIL WJTTON (Per accident) S ` CITYAT Ey g PROPERTY DAMAGE $ GARAGE LIABILITY D b AUTO ONLY•EA ACCIDENT $ '• ANY AUTO i ty A ttorney OTHER THAN AUTO ONLY: y. EACH ACCIDENT $ AGGREGATE $ IXCESS LIABILITY EACH OCCURRENCE $ .n UMBRELLA FORM '4DD�L. 1^' l�' AGGREGATE S t OTHER THAN UMBRELLA FORM INSURED IVUO $ WC STATU- 013 WORKERS COMPENSATION AND A 1 1,�CHE� TORY LIMITS - EMPLOYERS'LIABILITY - EL EACH ACCIDENT S THE PROPRIETOR/ INCL EL DISEASE•POLICY LIMIT S PARTNERS/EXECUTIVE OFFICERS ARE: EXCL EL DISEASE-EA EMPLOYEE $ OTHER sf DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS Ji Greystone Keys, Huntington Beach - Certificate Holder is an Additional Insured as respects Greystone Keys s :.::.:....:.................bE..:.....:::.::........... ............. ........ ..::::::.::.::::..:.:::::::.:.::::::::::::::.:.:.::.''A�IC 1.t Altlbttk...:.....:.:......:...::::::::::.....:.......:::::..:..:..:::.::..::.::::::.::::::.:::....::::.: y Ir•`,: : V SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE ,F• City of Huntington Beach EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL.- MAIL Building Department 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. 2000 Main Street.. Huntington Beach, CA 92648 Q Attn: Bruce Crosby AUTHORIZED REPRESENTATIVE 9840000 I........................... t' POLICY NUMBER: GL02090893 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) r.. (Including"Primary"Wording) u. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE �ry -" Name of Person or Organization: City of Huntington Beach, its agents, officers & employees e RE: Greystone Keys, Huntington Beach i'. (If no entry appears above, information required to complete this endorsement will be shown in the . Declarations as applicable to this endorsement.) SFr 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 or related to "your work" or its supervision for that insured by or for you. The insurance afforded to such person or organization is primary. Any other insurance which such person or organization may have will be non- contributory. •i AI-Primary CG2010p(11-85) All �evRo CERTIFICATE OF LI'ABI.LITY INSURANC SR MA I/ >;xrrA-1 0! Os 98 PRODUCER C/d {'lc1C�f THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIO /7 Ye ND . (oA0 ,!O ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Century Financial Services HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND Oil P. 0. Box 811088 �pn�.� ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Boca Raton FL 33481-1088 1 71 COMPANIES AFFORDING COVERAGE 7-0 COMPANY Phonallo. 561-362- 111 FaxNe. 561-362-0133 A Continental Casualty Co./CNA INSURED COMPANY B Lennar Corporations Lennar Homes, Inc. ; COMPANY Greystone Homes, Inc. C 700 NW 107 Avenue COMPANY , Miami FL 33172 D COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE(MM/DD/YY) DATE(MMIDDIYY) GENERAL LIABILITY GENERAL AGGREGATE $ COMMERCIAL GENERAL LIABILITY PRODUCTS-COMPIOP AGG $ CLAIMS MADE OCCUR PERSONAL 8 ADV INJURY $ OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE $ FIRE DAMAGE(Any one fire) S MED EXP(Any one person) $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S ANY AUTO ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS a' , ;�„�l('• �J TO r ORt (Per person) $ HIRED AUTOS G`p T L H` rj, - BODILY INJURY S NON-•:WNED ALTOS CITY A O!1 Y (Per accident) By; e PROPERTY DAMAGE $ rny GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S ANY AUTO OTHER THAN AUTO ONLY:EACH ACCIDENT $ AGGREGATE S EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM S WORKERS COMPENSATION AND X I WC STATU- OTH- EMPLOYERS'LIABILITY TORY LIMITS ER EL EACH ACCIDENT $ 11000,000 A THE PROPRIETOR/ �( INCL WC166792277 06/01/98 06/01/99 EL DISEASE-POLICY LIMIT $ 1, 000,000 PARTNERS/EXECUTIVE OFFICERS ARE: EXCL 'EL DISEASE•EA EMPLOYEE S 1,0 0 0,0 0 0 OTHER DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLES/SPECIAL ITEMS CERTIFICATE HOLDER CANCELLATION •- - HDNTI-1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE - EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL MAIL City of Huntington Beach 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Building Department Attn6 Bruce Crosby 2000 Main Street S. Huntington Beach CA 92648 WORIZIP RE E TIVE Tj bYl ACORD 26S(1/96) ©ACORD CORPORATION 1988 RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Tract No. 14355 Substitution of Bonds and Subdivision Agreement COUNCIL MEETING DATE: December 6, 1999 ..........CS ATTACHMENTS ........ ............. ::.. .... ..:ST�ITUS . 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 Attome Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attome 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 F0 MISSING �4TTA�HMENTS .. ....:REVIEWED .............RETURNED' :. .:FOR RDED: Administrative Staff -Assistant City Administrator Initial City Administrator Initial City Clerk EXPLANATION.FOR..RETURN +QF.ITEMS Only)(Below Space For City Clerk's Use RCA Author: Bruce Crosby:jm � s CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK June 12, 2002 Seacliff Venture, L.P. 20201 S.W. Birch Street, Suite 200 Newport Beach, CA 92660 Lennar Homes of California, Inc. 24800 Chrisanta Drive Mission Viejo, CA 92691 Re: Release of the Guarantee and Warranty Bond for Tract No. 14355 Please be advised that on Monday, June 3, 2002 the City Council of the City of Huntington Beach took the following action: (City Council) Approved the Release of Guarantee and Warranty Bond (Security) for Tract No. 14355 n/w Corner of Garfield Avenue and Edwards Street—Seacliff Venture, LP/ Lennar Homes of California. Inc. (420.60)—1. Released Guarantee and Warranty Bond Nos. BE2624511 (Seacliff Venture, L.P.) and 1113346 4286 (Lennar Homes of California, Inc.), the security furnished for guarantee and warranty of improvements; and 2. Instructed the City Clerk to notify the developers, Seacliff Venture, L.P. and Lennar Homes of California, Inc., of this action, and the City Treasurer to notify the Surety Companies. Sincerely, Connie Brockway, CMC City Clerk /jh g:/followup/tract/release bonds for tract-letter.doc (Telephone:714-536-5227) Office of the City Clerk c,rn CITY of HUNTINGTON BEACHs �� = IUN I2'G2 r' b Q P.O. Box 190 California 92648 rc'� �, $ C A H METER-422235 . RE�SUR3� EF�),IC ��'E �'-D M/13/TZ z eacliff Venture, L.P. i"Je 1 S.W. Birch Street, Suite 200 d Newp Beach, CA 92660 N6 o/I c -� SEACaol 9abvO3014 IN 03 Ob/14/Oct RETURN TO SENDER NO FU W 'c.ARD ORDER ON FILE !. k, RE,TURf4 ~' ABL TO FORWARD _ TO. ' � IV 1 U btlVLti-'UH �\Ei•.3 _AIM. .. :�I��' �.. :t 7t:.:ll:t: �::�a{i:l t i{Ei.►i:Se.ii !i � . 1 Council/Agency Meeting Held: 610-03--42 Deferred/Continued to: .Approved . ❑ Conditionally Approved ❑ Denied is * Cit Clerk' i nature Council Meeting Date: June 3, 2002 Department ID Number: PW 02-Oc1 o ti zj CITY OF HUNTINGTON BEACH REQUEST FOR ACTION N CD SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS C? i SUBMITTED BY: RAY SILVER, City AdministratorGee--,--' �= D PREPARED B BERT F. BEARDSLEY Director of Public Works SUBJECT: prove the Release of Guarantee & Warranty Bond for Tract No. 14355 Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Sufficient time has elapsed since the acceptance of improvements for Tract No. 14355, located at the northwest corner of Garfield Avenue and Edwards Street. The developers, Seacliff Venture, L.P. and Lennar Homes of California, Inc., are requesting the Guarantee and Warranty Bonds, the security furnished for guarantee and warranty of improvements be released. Funding Source: Not applicable. Recommended Action: Motion to: 1. Release Guarantee and Warranty Bond Nos. BE2624511 (Seacliff Venture, L.P.) and 111 3346 4286 (Lennar Homes of California, Inc.), the security furnished for guarantee and warranty of improvements, 2. Instruct the City Clerk to notify the developers, Seacliff Venture, L.P. and Lennar Homes of California, Inc., of this action, and the City Treasurer to notify the Surety Companies. Alternative Action(s): Deny the recommended action. REQUEST FOR ACTION MEETING DATE: June 3, 2002 DEPARTMENT ID NUMBER:PW 02-051 Analysis: On April 16, 2001, the City Council accepted the improvements constructed and dedicated for public use within Tract No. 14355 and accepted Guarantee and Warranty Bonds No. BE2624511 and 111 3346 4286, the securities furnished for guarantee and warranty of improvements. California Government Code Section 66499.3(d) requires that security for the guarantee and warranty of the improvements be posted upon acceptance of the public improvements, and that the security remain in effect for a period of not less than one year. Public improvements constructed consisted of the domestic water system and appurtenances, sewer system and appurtenances, paving, curb, gutter and sidewalk within public streets. The required time has elapsed and the City Engineer has determined that the improvements have been constructed in substantial compliance with the approved plans and specifications, and recommends release of the securities. Following is a list of project data: Developers: Seacliff Venture, L.P., 20201 S.W. Birch Street, Suite 200, Newport Beach, CA 92660 Lennar Homes of California, Inc., 24800 Chrisanta Drive, .Mission Viejo, CA 92691 Engineer: MDS Consulting, 17320 Redhill Avenue, Suite.350, Irvine, CA 92714 Title Co.: First American Title Company, 114 E. 51h Street, Santa Ana, CA 92702 Location: Northwest corner of Garfield Avenue and Edwards Street Zone: HSSP/RL-1 (Holly-Seacliff Specific Plan — Low Density Residential) Environmental Status: This recommended action to release the securities 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 Page Number No. Description 1 Location Ma RCA Author: T. Elliott 02-051 June 3 Elliott(Release G&W 14355) -2- 5/21/2002 8:14 AM CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK June 12, 2002 Seacliff Venture, L.P. 20201 S.W. Birch Street, Suite 200 Newport Beach, CA 92660 Lennar Homes of California, Inc. 24800 Chrisanta Drive Mission Viejo, CA 92691 Re: Release of the Guarantee and Warranty Bond for Tract No. 14355 Please be advised that on Monday, June 3, 2002 the City Council of the City of Huntington Beach took the following action: (City Council) Approved the Release of Guarantee and Warranty Bond (Security) for Tract No. 14355 n/w Corner of Garfield Avenue and Edwards Street—Seacliff Venture, LP/ Lennar Homes of California. Inc. (420.60)—1. Released Guarantee and Warranty Bond Nos. BE2624511 (Seacliff Venture, L.P.) and 1113346 4286 (Lennar Homes of California, Inc.), the security furnished for guarantee and warranty of improvements; and 2. Instructed the City Clerk to notify the developers, Seacliff Venture, L.P. and Lennar Homes of California, Inc., of this action, and the City Treasurer to notify the Surety Companies. Sincerely, Connie Brockway, CMC City Clerk /jh g:/followup/tract/release bonds for tract-letter.doc (Telephone:714536-5227) CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK June 12, 2002 Seacliff Venture, L.P. 20201 S.W. Birch Street, Suite 200 Newport Beach, CA 92660 Lennar Homes of California, Inc. 24800 Chrisanta Drive Mission Viejo, CA 92691 Re: Release of the Guarantee and Warranty Bond for Tract No. 14355 Please be advised that on Monday, June 3, 2002 the City Council of the City of Huntington Beach took the following action: (City Council) Approved the Release of Guarantee and Warranty Bond (Security) for Tract No. 14355 n/w Corner of Garfield Avenue and Edwards Street—Seacliff Venture, LP/ Lennar Homes of California, Inc. (420.60)—1. Released Guarantee and Warranty Bond Nos. BE2624511 (Seacliff Venture, L.P.)and 1113346 4286 (Lennar Homes of California, Inc.), the security furnished for guarantee and warranty of improvements; and 2. Instructed the City Clerk to notify the developers, Seacliff Venture, L.P. and Lennar Homes of California, Inc., of this action, and the City.Treasurer to notify the Surety Companies.. Sincerely, Ce$',V � Connie Brockway, CMC City Clerk /j h g:/followup/tract/release bonds for tract-letter.doc (Telephone:714-536-5227) ATTACHMENT 1 5/20/2002 2:10:17 PM I illi 7111 1 HII 1111, 1 -LLL —!7 IL Carria5t,/\ f Horseshoe Ln. lF / ! L "T— Overl ok 0 sun Polo Cir. F d Cir. rup pp Cs. -4� Churchill..Dr. IT Crovskf ht T1\ f Falrerest Dr. f Ir. % 0, I , —7— LOCATION MAP TRACT NO. 14355 City of Huntington Beach Scale: 1 481' CITY OF HUNTINGTON BEACH MEETING DATE: April 16, 2001 DEPARTMENT ID EROP Council/Agency Meeting Held: 0"i-fib-a) . Deferred/Continued to: '*A proved ❑ Conditionally Approved ❑ Denied _ b, a W- ity erk's Signature Council Meeting Date: April 16, 2001 Department ID Number: PW-01-044 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY CO N. LUEMBER SUBMITTED BY: RAY SILVER, City Administrator -QY` PREPARED BY: OBERT F. BEARDSLEY, Director of Public Work :`P SUBJECT: APPROVE THE RELEASE OF SECURITIES FOR TRACT NO..14355 AND ACCEPT THE PUBLIC IMPROVEMENTS ; 1 Statement ofissue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Seacliff Venture, L.P. and Lennar Homes of California, Inc., the developers of Tract No. 14355, located at the northwest corner of Garfield Avenue and .Edwards Street, have completed all required public improvements. Should the securities be released 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. 14355; and, 2. Release Seacliff Ventures, L.P. Faithful Performance/Labor and Material Bond No. SD00083514 and Monument Bond No. SD00083515 pursuant to California Government Code Section No. 66499.7(b); and, 3. Release Lennar-Homes of California, Inc. Faithful Performance/Labor and Material Bond No. 111 3346 4286 and Monument Bond No. 111 3346 4294 pursuant to California Government Code Section No. 66499.7(b); and, 4. Accept Seacliff Ventures, L.P. Guarantee and Warranty Bond No. BE2624511, the security furnished for guarantee and warranty of improvements, and instruct the City Clerk to file the bond with the City Treasurer; and, i 01-044 April 16 Crosby -2- 4/3/01 5:17 PM G REQUEST FOR COUNCIL ACTION MEETING DATE: April 16, 2001 DEPARTMENT ID NUMBER:PW -01-044 5. Accept Lennar Homes of California, Inc. Guarantee and Warranty No. 111 3346 4286, the security furnished for guarantee and warranty of improvements, and instruct the City Clerk to file the bond with the City Treasurer; and, 6. Instruct the City Clerk to notify the developers, Seacliff Venture, L.P. and Lennar Homes of California, Inc., of this action, and the City Treasurer to notify the Sureties, Gulf Insurance Company and American Insurance Company, respectively, of this action; and, 7. 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. Analysis: On April 20, 1998, the City Council approved Final Map No. 14355 and accepted Bonds from PLC Land Company, the securities furnished for Faithful Performance/Labor & Material and Monuments. Subsequent to this, Seacliff Venture, L.P. and Lennar Homes of California, Inc. purchased Tract No. 14355 from PLC Land Company. On December 6, 1999, the City Council approved the exoneration of the original Bonds posted by PLC Land Company and approved the substitution of bonds by Seacliff Venture, L.P. and Lennar Homes of California, Inc. The developers, Seacliff Venture, L.P. and Lennar Homes of California, Inc., have completed all required public improvements, and are requesting acceptance of the work and release of the faithful performance, labor and material and monument bonds, pursuant to Calif. Government Code Section 66499.79(a). Public improvements constructed consist of the domestic water system and appurtenances within both the private and public streets, the storm drain system and appurtenance, the sewer system, curb & gutter, 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. Calif. Government Code Section No. 66499.3(d) requires that security for the guarantee and warranty of the improvements be posted upon acceptance of the public improvements. The developers, Seacliff Venture, L.P. and Lennar Homes of California, Inc., have provided Guarantee and Warranty Bond No. BE2624511 and Guarantee and Warranty No. 111 3346 4286, respectively, as security. Following is a list of project data: Developers: Seacliff Venture, L.P. 20201 S.W. Birch St., Ste. 200, Newport Beach, CA. 92660 Lennar Homes of California, Inc., 24800 Chrisanta Dr., Mission Viejo, CA. 92691 Engineer: MDS Consulting, 17320 Redhill Ave., Ste. 350, Irvine, CA. 92714 Title Co.: First American Title Co., 114 E. 51h Street, Santa Ana, CA. 92702 Location: Northwest corner of Garfield Avenue and Edwards Street Zone: HSSP/RL-1 (Holly-Seacliff Specific Plan-Low Density Residential) 01-044 April 16 Crosby -3= 413/01 5:17 PM REQUEST FOR COUNCIL ACTION MEETING DATE: April 16, 2001 DEPARTMENT ID NUMBER:PW -01-044 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 . . - NumberDescription 1 Location Map 2 Guarantee and Warranty Bond No. BE2624511 (Seacliff Venture, L.P.) 3 Guarantee and Warranty No. 111 3346 4286 (Lennar Homes of California, Inc.) 4 "Notice of Acceptance of Public Improvements" RCA Author: Bruce Crosby 01-044 April 16 Crosby -4- 4/3/01 5:17 PM CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 ;, OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK April 20,2001 Seacliff Venture, LP 20201 S.W. Birch St., Suite 200 Newport Beach, CA 92660 Re: Release of Securities for Tract No. 14355 and Accept the Public Improvements Please be advised that on Monday, April 16, 2001 the City Council of the City of Huntington Beach took the following action: (City Council) Approved the Release of Bonds &Approved Acceptance of Bonds (Securities)—Seacliff Venture, L.P. and Lennar Homes of California for Tract No. 14355 n/w Corner of Garfield Avenue and Edwards Street—Accepted the Public Improvements and Filed Notice of Acceptance with the County Recorder's Office (420.60)— 1. Accepted the improvements constructed and dedicated for public use with Tract No. 14355; and 2. Released Seacliff Ventures, L.P. Faithful Performance/Labor and Material Bond No. SD00083514 and Monument Bond No. SD00083515 pursuant to California Government Code Section No. 66499.7(b) (Frontier Pacific Insurance Company); and 3. Released Lennar Homes of California, Inc. Faithful Performance/Labor and Material Bond No. 1113346 4286 and Monument Bond No. 111 3346 4294 pursuant to California Government Code Section No. 6499.7(b) (The American Insurance Company); and 4. Accepted Seacliff Ventures, L.P. Guarantee and Warranty Bond No. BE2624511, the security furnished for guarantee and warranty of improvements (Gulf Insurance Company), and instruct the City Clerk to file the bond with the City Treasurer; and 5.Accepted Lennar Homes of California, Inc. Guarantee and Warranty Bond No. 1113346 4286, the security furnished for guarantee and warranty of improvements (The American Insurance Company) and instruct the City Clerk to file the bond with the City Treasurer; and 6. Instructed the City Clerk to notify the developers, Seacliff Venture, L.P. and Lennar Homes of California, Inc. of this action, and the City Treasurer to notify the Sureties, Gulf Insurance Company and American Insurance Company, respectively, of this action; and 7. 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 (Telephone:714-536-5227) ;, CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK April 20, 2001 . Lennar Homes of California, Inc. 24800 Chrisanta Dr. Mission Viejo, CA 92691 Re: Release of Securities for Tract No. 14355 and Accept the Public Improvements Please be advised that on Monday, April 16, 2001 the City Council of the City of Huntington Beach took the following action: (City Council) Approved the Release of Bonds &Approved Acceptance of Bonds (Securities)— Seacliff Venture, L.P. and Lennar Homes of California for Tract No. 14355 n/w Corner of Garfield Avenue and Edwards Street—Accepted the Public Improvements and d Filed Notice of Acceptance with the County Recorder's Office (420.60)— 1. Accepted the improvements constructed and dedicated for public use with Tract No. 14355; and 2. Released Seacliff Ventures, L.P. Faithful Performance/Labor and Material Bond No. SDO0083514 and Monument Bond No. SD00083515 pursuant to California Government Code Section No. 66499.7(b) (Frontier Pacific Insurance Company); and 3. Released Lennar Homes of California, Inc. Faithful Performance/Labor and Material Bond No. 1113346 4286 and Monument Bond No. 1113346 4294 pursuant to California Government Code Section No. 6499.7(b) (The American Insurance Company); and 4. Accepted Seacliff Ventures, L.P. Guarantee and Warranty Bond No. BE2624511, the security furnished for guarantee and warranty of improvements (Gulf Insurance Company), and instruct the City Clerk to file the bond with the City Treasurer; and 5. Accepted Lennar Homes of California, Inc. Guarantee and Warranty Bond No. 1113346 4286, the security furnished for guarantee and warranty of improvements (The American Insurance Company) and instruct the City Clerk to file the bond with the City Treasurer; and 6. Instructed the City Clerk to notify the developers, Seacliff Venture, L.P. and Lennar Homes of Califomia, Inc. of this action, and the City Treasurer to notify the Sureties, Gulf Insurance Company and American Insurance Company, respectively, of this action; and 7. Instructed the City Clerk to record the "Notice of Acceptance of Public Improvements" with the Orange County Recorder. Sincerely, e� Connie Brockway, CMC City Clerk CB:jh (Telephone:714536-5227) ATTACHMENT 1 �.? 16 • iacr�a ar ' I tun= \ 4p WAMM TAZZW .TcRcr*w, ADAYO ►MAM PROJECT ; Y-• oo r �ffi r � r ?r VICINITY MAP TT 14355 / CDP 97-5 MUNTI =N BEACH HUMII�IGTON BEACH PLA\?II.YG DMSION ATTACHMENT 2 BOW No SE2624511 fR£�tlttM 47�_�D ' GUARANME AND WARRANTY BOND VyHpF,jgs, Seacliff Ventures, LP , a Pdrtrlpai,etd Gulf Ingurnnce Qrnpnnv Y =MumaDrindunderthebeatdIhaStelaof Missouri and duy arkdnd b do bwinm in to Stake d CaYtomia,as Sw*,am NO and band unb do q1 of i#ar&%W such,CafiMj&as Obt+pw,in atte WW gum of $31,307.00----- THIRTY ONE THOUSAND THREE HUNDRED -- ---- a lee bb bab w the Pdn*d and Obfp k b which pamordwd and k*to bs made we do bktd oursBM '&W each dow hdrs,=at%adrnktlei aknI nioowa M end Udrd o*gad W-W*- WHEREAS.the nld p k*d**rW hb a conM with said Obkw ddied fw wak desaW as fokm Lots 40 through 65 Tract #14355 Street Improvements WHERFAS,said oontraoi prrMn DW IM Principal wil ArrAh a bond aorddioead to puuudaa wdwerrmtbr d*period of om yw dK=n0Wm of the work and gocaptartoe frasof by fie Obigea,so* dafaeb in wwkma a*and metada>.du M told one year p dod. MEWS,aaid work hat been oonpfaled,and woapbd by ObOps on NOW,THEREFORE,the Pfbtclpal and Su",jointly and *shgf Mom*the O*pee fur d lot that dw obdlpee mayvAWn by rs m of any dtk*m rra&d*orwwkntaneh>p wtich bacons apprint du&q the parbd o<o*yew*=and dle 40 of oompidan cf wo*w4 Pt hna br • kt wttnegswheroof,this ingktxnertthn bem d*ox+bcuted by the*CW W d W* "anaend,on MARCH 30 J 2001 Seacliff Ventures, LP A California Limited Partnership BY: Newport Hills Inc. It's General Partner as Principal 1 /3101 gGulf )ury)te "pony ZV_ - Frances E. Beadles, Attorney-in-fact 81I STATEOF CWFM" ) COUNTY OF ORANGE ) l� ON _BEFORE ME A NOTARY PN=IN AM FOR SAS STATE,PQRSONALLY AND PERSOiVAILY""TO MIE(OR PROVE TO NGI ON CF SATISFACTORY&ME RM tO N THE PERSONS WNW NAME$AN O THE WITHMI WSTRLQW AID AMOWIMM TO ME THAT TMkY WC Mom T4E IN THEIR AViHOft=CAPACMeff, AND THAT BY THEIR SIGNATURES ON 1W WSVJJMW THE PERSONS,OR ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED, THE INSTRUMENT, WITNESS MY FlANO SIGAIq MY PRMPAL P[AM OF BUSINESS 16 ROTARY PU811C IN AW"'SAID STATE W COUNTY (NAIVE PRINTED) MIY COi�61iSS10N EXAIRE6�,_,,, i STATIEOFd FIA 33 COUNTY OF ORAIM r ON `� own MBE, A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED AND - - - - - PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATWACT ORY EVIDE" TO BE THE PERSON$WHOSE NAMES ARE Sil$SCRIBED TO THE WRWN MTRUMENT AND AC*j0WLED0E8 TO ME THAT THEY MCUM THE PMIE IN THEIR AVIHORM CAPACT 1% AND THAT BY THEIR SIGNATURES ON THE WSTRUVENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WIAO THE PERSONS ACTED,VQCUTBD THE INSMMENT. WRNESS MY HAND S1C�NATVRE MY PRWCtPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (WW4E PRINTID) YY COMWOSSIOF(EXPiRgS low 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On March 30,2001, before me, Sandra H.Lee,Notary Public, personally appeared Frances E. Beadles,(Name(S)Of Signer(S)) ® personally known to me ❑ 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 SANDRAH.LEE executed the same in his/her/their authorized capacity(ies), Commission Tr 1177070 No' Public-Californiaand that b his/her/their signature(s) on the instrument the � oranceCounfy person(s),or the entity upon behalf of which the person(s) -' My Comm.F>:p`;asMar22,20MO2 acted,executed the instrument. WITNESS my hand and official s al. Signature of Notary Public OPTIONAL Through 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. DESCRIPTION OF ATTACHED DOCUMENT Title Or Type Of Document: Document Date: Number Of Pages: Signer(S)Other Than Named Above: CAPACITY(IES) CLAIMED BY SIGNER Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): ❑ Partner(s)- ❑ Limited ❑ General ❑ Partner(s)- ❑ Limited ❑ General ❑ Attorney-In-Fact ❑ Attorney-In-Fact ❑. Trustee(s) . RIGHT THUMBPRINT ❑ Trustee(s) RIGHT THUMBPRINT OF SIGNER OF SIGNER ❑ Guardian/Conservator ❑ Guardian/Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: GULF INSURANCE COMPANY ST. LOUIS, MISSOURI POWER OF ATTORNEY KNOWN ALL MEN BY THESE PRESENTS:That the Gulf Insurance Company,a corporation duly organized under the laws of the State of Missouri,having its principal office in the city of Irving, Texas,pursuant to the following resolution,adopted by the Finance&Executive Committee of the Board of Directors of the said Company on the 10th day of August.1993,to wit: `RESOLVED, that the President. Executive Vice President or any Senior Vice President of the Company shall have authority to make,execute and deliver a Power of Attorney constituting as Attorney-in-Fact.such persons.firms,or corporations as may be selected from time to time:and any such Attorney-in-Fact may be removed and the authority granted him revoked by the President.or any Executive Vice President.or any Senior Vice Presidem or by the Board of Directors or by the Finance and Executive Committee of the Board of Directors. RESOLVED,that nothing in this Power of Attorney shall be construed as a grant of authority to the attorneys)-in-fora to sign,execute,acknowledge.deliver or otherwise issue a policy or policies of insurance on behalf of Gulf Insurance Company- Gulf Insurance Company does hereby make,constitute and appoint FRANCES E. BEADLES JAMES BRAKKE STEPHEN WOOD of Laguna Niguel, in the State of California its true and lawful attorney(s)-in-fact.with full power and authority hereby conferred in its name.place and stead.to sign,execute,acknowledge and deliver in its behalf,as surety.any and all bonds and undertakings of suretyship,and to bind Gulf Insurance Company thereby as fully and to the same extent as if any bonds,undertakings and documents relating to such bonds and/or undertakings were signed by the duly authorized officer of the Gulf Insurance Company and all the acts of said attorney(s)-in-fact.pursuant to the authority herein given. are hereby ratified and confirmed. The obligation of the Company shall not exceed Five Million and 00/100------------------------($5,000,000.00**�j dollars. IN WITNESS WHEREOF,the Gulf Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to be hereto affixed. SV RANI c .� PPoa o0 GULF INSURANCE COMPANY u� ATF 7 SEAL yjS.SOVP� Lawrence P.M!niter STATE OF NEW YORK SS Executive Vice President COUNTY OF KINGS On this 15 th day of November ,2000 A.D.,before me came Lawrence P. Miniter,known tome personally who being by me duly sworn,did depose and say;that he resides in the County of Bergen,State of New Jersey; that he is the Executive Vice President of the Gulf Insurance Company,the corporation described in and which executed the above instrument:that he knows the seal of said corporation;that the seal affixed to the said instruments is such corporate seal;that it was so affixed by order of the Board of Directors of said corporation and that he signed his name,thereto by like order. A�\0.1gF� UV ' �pTA 9�9 David] a rn Y Notary Public,State of New York STATE OF NEWYORK 1 SS ,� No.02)A4958634 COUNTY OF NEW YORK J F` LB\' Qualified in Kings County 0 I fr`. Commission Expires December 30.2001 I,the undersigned,Senior Vice President of the Gulf Insurance Company,a Missouri Corporation, DO HEREBY CERTIFY that the foregoing and attachec POWER OF ATTORNEY remains in full force. Signed and Sealed at the Cityof New York. SuaANC`e e�a4 PPOR4r�0 Dated the 30th day of March20 01 SEAL / yes=o�P� George Biancardi 8026-8I (7/2000) \— Senior Vice President State of California RIGHT THUMBPRINT(Optional► County ofR �C�E a On 3 30 DI before me,\,jj ScktpE►�t N C-at-1 (DATE) INAME/TITLE OF OFFICER-i.e.'JANE DOE,NOTARY PUBLIC') C personally appeared ZAN1ES C. 1`1tJ1ti -T (NAME($)OF SIGNERISII CAPACITY CLAIMED BY SIGNER(S) OINDIVIDUAL(S) ❑CORPORATE personally known to me -OR- 0 proved to me on the OFFICERIS) basis of satisfactory (TITLES) evidence to be the ❑PARTNER(S) ❑LIMITED person(s)whose name(s) ❑GENERAL is/are sub-scribed to the ❑ATTORNEY IN FACT within instrument and ❑TRUSTEE(S) acknowledged to me that ❑GUARDIAN/CONSERVATOR he/she/they executed the ❑OTHER: same in his/her/their authorized capacity(ies), SIGNER IS REPRESENTING: and that by his/her/their LORETTA (Name of Personls)or Entityliesl ,E.��•.� si natures) on the SCHOENINOFI g COMM. +it 1140978 Cl) instrument the person(s), — Notary Public-California �® or the entityupon behalf Orange County � p My Commission Expires of which the person(s) MAY 31, 2001 acted, executed the instrument. RIGHT THUMBPRINT(Optional) Witness my hand and official seal. f (SEAL) ° 0 (SIGNAT RE OF 0 ARY) ~ CAPACITY CLAIMED BY SIGNER(S) ❑INDIVIDUALIS) ❑CORPORATE ATTENTION NOTARY OFFICER(S) The information requested below and in the column to the right is OPTIONAL. 'w MILES) Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any CJPARTNER(S) CILIMITED unauthorized document. ❑GENERAL OATTORNEY IN FACT THIS CERTIFICATE Title or Type of Document_ _-_ _^ ❑TRUSTEE(S) MUST BE ATTACHED OGUARDIAN/CONSERVATOR TO THE DOCUMENT Number of Pages Date of Document OOTHER: t I �gp ATTACHMENT 3 BOND NO. 111 3346 4286 PREMIUM included in charge for Performance Bond GUARANTEE AND WARRANTY BOND W-HEREAS Lennar Homes of California, Inc. as The American Insurance Company a Principal,and P y .a corporation o►ganaad under the laws of the State of Nebraska and duty authorized to do business in the stags of California,as Surety,are held and tkmy bound unto the City of HuMngton Beach,California,as Obligee,in the penal sum of $71,043.00 representing 10 percent of the contract price entered Into between the Principal and Obligee,to which payment well and truly to be made vm do bird ourselves,and each of our netts,executers,administrabm,wooessom and assigns jointly and sevsraly. WHEREAS,the said principal entered into a contract withoald Obligee,dated for work described as follows: Tract 14355, Eransport @:The Bluffs WHEREAS,said conb'ect provides that the Principal will fumish a bond owAitioned to guarantee and warrant for the period of one year after completion of the work and acceptance tftereof by the Obfigm against all defects in worlanensttip and materials during said one year period. WHEREAS,said work has been completed,and accepted by Obligee on NOW,THEREFORE,the Ptncipal and Surety,jointly and severally shoo i&rnnify the Obligee for all loss that the Obligee may sustain by mason of any defecdve materials or wortonwabip which becorne apparent dumg the period of one year from and after date o(aompledon of work and aomplarrce thereof by Obligee. In witness whereof.this instrument has bean duly executed by the principal and surety above named,on -March 21 le 2001 . Lennar Homes of California, Inc. _,a3Phn0W The American Inpurance Company_ a5 Surety By Patricia Brebner, Attorney-in-Fact 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 111E WrrKIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMF.M THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF WSINESS 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 NABS ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY DCECUTED 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 lsw CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On March 27, 2001 before me, S. McDonald, Notary Public, personally appeared Lawrence H. Thompson and David Evans, 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 person or the entity upon behalf of which the persons acted, executed the instrument. Witness my hand and official seal. S. MC DONALD Commission#1260983 z�' 7- Orange County. My Comm.Fires Apr1d,2W4 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 SIGNER IS REPRESENTING: Corporate Officers Lennar Homes of California, Inc. Lawrence H. Thompson—Asst. Secretary David Evans—Vice President DESCRIPTON OF ATTACHED DOCUMENT Type of Document: Warranty Bond No. 111 3346 4286 Number of Pages: Two (2) Date of Document: March 21, 2001 Signers (other than those named above): Patricia Brebner CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California County of Orange On March 21, 2001 before me, Linda Enright,Notary Public , DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC' personally appeared Patricia 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 • "' UNDA ENRIGHT behalf of which the person(s) acted, executed the. instrument. COMM.#1202774 a a ®' NOTAR'rP=-CI LFMIA �►i ORAMECOIARY -' Ml►0DffMI p.NK22,2002 WITNESS my d an fficial 1. SIGNATURE O R 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) H 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 S4067/GEEF 2/98 0 1993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184 FIREMAWS FUND INSURANCE COMPANY NATIONAL SURETY CORPORATION ASSOCIATED INDEMNITY CORPORATION THE AMERICAN INSURANCE COMPANY AMERICAN AUTOMOBILE INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY TBESE PRESENTS: That FIREMAN'S FUND INSURANCE COMPANY, a.California corporation, NATIONAL SURETY CORPORATION,an Illinois corporation,THE AMERICAN INSURANCE COMPANY.a New Jersey corporation redomesticated in Nebraska, ASSOCIATED INDEMNITY CORPORATION, a California corporation, and AMERICAN AUTOMOBILE INSURANCE COMPANY,a Missouri corporation,(herein collectively called"the Companies')does each hereby appoint Patricia Brebner df Costa Mesa, CA their true and lawful Attorneys)-in-Fact, with full power of authority hereby conferred in their name, place and stead, to execute, seal, acknowledge and deliver any and all bonds,undertakings,recognizances or other written obligations in the nature thereof------------ and to bind the Companies thereby as fully and to the same extent as if such bonds were signed by the President,sealed with the corporate seals of the Companies and duly attested by the Companies'Secretary,hereby ratifying and confirming all that the said Anamey(s)-in-Fact may do in the premises. This power of attorney is granted under and by the authority of Article VII of the By-laws of each of the Companies which provisions are now in full force and effect. This power of attorney is signed and sealed under the authority of the following Resolutiop adopted by the Board of Directors of each of the Companies at a meeting duly called and held,or by written consent,on the 19th day of March, 1995,and said Resolution has not been amended or repealed: 'RESOLVED,that the signature of any Vice-President,Assistant Secretary,and Resident Assistant Secretary of the Companies, and the seal of the Companies may be affixed or printed on any power of attorney,on any revocation of any power of attorney, or on any certificate relating thereto,by facsimile,and any power of attorney,any revocation of any power of attorney,or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Companies:' IN WITNESS WHEREOF,the Companies have caused these presents to be signed by their Vice-President,and their corporate seals to be hereunto affixed this 3 0 day of J an ua r v 200 1 FIREMAN'S FUND INSURANCE COMPANY CQ `,ll■EII,`, `�lll`N'j[,G ,I,{,��i� •rti ��E °°'+,� r ti tie �+t° �4 �•.._; ,r'�• NATIONAL SURETY CORPORATION THE AMERICAN INSURANCE COMPANY ASSOCIATED INDEMNITY CORPORATION 5 Cff •10''rp ., *+ly AMERI UTOMOBILE INSURANCE COMPANY STATE OF CALIFORNIA SS. By ` COUNTY OF.MARIN } Vice-President On this 30 day of January 2 0 01.before me personally came Donn R. Kolbeck to me known,who,being by me duly sworn,did depose and say: that he is a Vice-President of each company,described in and which executed the above instrument;that he knows the seals of the said Companies;that the seals affixed to the said instrument are such company seals;that they were so affixed by order of the Board of Directors of said companies and that he signed his name thereto by like order. IN WITNESS WHEREOF.I have hereunto set my hand and affixed my official seal,the day and year herein first above written. KRISTIN A 0 AnW D Q COMM.S12E223a d NOTARY PUBLIG•CALIFCRNA O Q MARJN COUNTY My eoffm Fjoms Aptl 29.M ' • N b' STATE OF CALIFORNIA I SS. CERTIFICATE COUNTY OF MARIN I, the undersigned, Resident Assistant Secretary of each company, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked;and furthermore that Article VII of the By-laws of each company,and the Resolution of the Board of Directors;set forth in the Power of Attorney,are now in force. Signed and sealed at the County of Marin. Dated the 21 st day of March 2001 po KFTAV �\�/ Z q C[Cam+ MC('t%Or� '-ton. ,,,,. Resident Assistant S ATTACHMENT 4 .j, j& CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK April 20, 2001 Gary L. Granville County Clerk-Recorder P.O. Box 238 Santa Ana, CA 92702 Enclosed please find "Acceptance of Public Improvements" for Tract 14355 to be recorded and returned to the City of Huntington Beach, Office of the City Clerk, 2000 Main Street, Huntington Beach, CA 92648. Please return a conformed copy of the acceptance when recorded to this office in the enclosed self-addressed stamped envelope. Ggar<.G Igw,04v 7- Connie Brockway, CIVIC City Clerk Enclosures Tract No. 14355—Seacliff Venture, LP &Lennar Homes of Califomia, Inc.— n/w corner of Garfield Ave. and Edwards St. g:/fol lowup/tract/acceptpublici m p-recorder.doc (Telephone:714-536-5227) 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 April 2, 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. 14355. Public improvements constructed consist of the domestic water system and appurtenances within both the private and public streets,the storm drain system and appurtenance,the sewer system, curb & gutter,paving and sidewalk within the public streets. The Foregoing instrument is the City Clerk's Original Document Reflecting City Council Action Taken at 04-16-01 City Council Meeting Submitted for Recordation by the Orange County Recorder. Attest Aril 20 20 O1 C= ' E QROCKWAY City Clerk and Ex-ofcio Clerk of incil Of the City of Huntington Beach, California By Deputy CITY OF TING T BEACH by: City Engineer This document is solely for the official business of the City of Huntington Beach, as contem- by: City Attorney plated under Government Code L�J Sec. 6103 and should be recorded free of charge. / GlEng/Crosby/Forms/rr 14355 acc form RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Approve the Release of Securities for Tract No. 14355 and Accept the Public Improvements COUNCIL MEETING DATE: Aril 16, 2001 RCA ATTACHMENTS , STATUS Ordinance (w/exhibits & legislative draft if a livable 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 Attome ) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over$5,000) Not Applicable Bonds If applicable) Attached Staff Report If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff Assistant City Administrator Initial City Administrator Initial y City Clerk EXPLANATION FOR RETURN OF ITEM Only)(Below Space For City Clerk's Use RCA Author: Bruce Crosby Date/Time 11/29/1999 3:08:57 PM City of Huntington Beach Page 1 Office of the City Clerk Records lei Ref Category Subject Entered Status Document Expires Box ID Label 14 420.60 06/11/1998 Active 12040 Final Tract Map No. 14355 of Tentative tract map 14355- Palisades-grant deed/easements/Subdivision agreement/ maint agrmt- PLC Land Co-nw cor/Garfield/Holly (Holly- Seacliff) 4/20/98 PL 600.10 01/07/1998 Active 10028 PLC Land Company-Consent for Pending Sale of Ten Tract 14355 to Polygon Communities Inc and Seacliff Ventures (Manning Homes)-The Bluffs-n/w cor Garfield/Edwards- Holly-Seacliff Dev Agrmt Area 12/15/97 650.80 03/01/1999 Active 13517 Acceptance of sewer line easement within Tract No 14355 (The Bluffs) - PLC Land Co- n/w corner of Garfield Ave & Edwards St 12/21/98 Total Records Detailed: 3 -7 >�e�zeds/e y -�/-✓1� � o00 CITY - B ._ OF HUNTINGTON BEA rire�sy MEETING DATE: December 6, 1999 DEPARTMENT ID NUMBER: P - Council/Agency Meeting Held: �uZ �1 _ �•/a Defer d/Continued to: oved pp Conditionally Approved ❑ Denied en* ty Clerk's Signature Council Meeting Date: December 6, 1999 Department ID Number: PW 99-122 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, City Administrator"-' PREPARED BY: ROBERT F. BEARDSLEY, Director of Public Works SUBJECT: TRACT NO. 14355 SUBSTITUTION OF BONDS AND SUBDIVISION AGREEMENT Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Seacliff Ventures, L.P. and Lennar Homes of California, Inc. have both purchased Tract No. 14355 from PLC Land Co. and are requesting that their Bonds and Subdivision Agreements be substituted in place of PLC Land CO's Bonds and Subdivision Agreements. Funding Source: Not applicable. Recommended Action: Motion to: ✓ 1. Release PLC Land CO's Subdivision Agreement and Bond Nos. 3SM 913 212 00 and 3SM 913 211 00, the securities furnished for Faithful Performance/Labor & Material and Monuments respectively; and, 2. Accept Se Ventures, L.P. Subdivision Agreement and Bond Nos. SD00083514 and SDO 83515, the securities furnished for Faithful Performance/Labor & Material and Monu nts 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. Accept Lennar Homes of California, Inc. Subdivision Agreement and Bond Nos. 111 3346 4286 and 111 3346 4294, 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, Tr 14355 bond substitution -2- 11/24/99 11:07 AM F—(.0 REQUEST FOR COUNCIL ACTION MEETING DATE: December 6, 1999 DEPARTMENT ID NUMBER:PW 99-122 4. 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 Company, of this action. Altemative Action(s): Deny the recommended action. Analysis: On April 20, 1998, the City Council approved Final Map No. 14355 and accepted Bonds from PLC Land Co., the securities furnished for Faithful Performance/Labor & Material and Monuments. Subsequently, Seacliff Ventures L.P. and Lennar Homes of California, Inc. purchased Tract No. 14355 and have requested that the City exonerate the original Bonds posted by PLC Land Co. and substitute their Bonds. Following is a list of project data: Subdividers: Seacliff Ventures, L.P., 20201 S.W. Birch St., Ste. 200, Newport Beach, CA. 92660 Lennar Homes of California, Inc., 24800 Chrisanta Dr., Mission Viejo, CA. 92691 Engineer: MDS Consulting, 17320 Redhill Ave., Ste. 350, Irvine, CA. 92714 Title Co.: First American Title Co., 114 E. 5th St., Santa Ana, Ca. 92702 Zone: HSSP/RL-1 (Holly-Seacliff Specific Plan-Low 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 P. . - Number No. Description 1 Location Map 2 Faithful Performance/Labor & Material and Monuments Bond Nos. SD00083514 and SD00083515 (Seacliff Ventures, L.P.) ........ 3 Faithful Performance/Labor & Material and Monuments Bond . fm ................................................. . _ _ .. ........... ............;... Nos. 111 3346 4286 and 111 3346 4294 (Lennar Homes of . .. California, Inc.) 4 Subdivision Agreement (Seacliff Ventures, L.P.) 5 Subdivision Agreement Lennar Homes of California, Inc. RCA Author. Bruce Crosby Tr 14355 bond substitution . �3- 11/18/99 4:07.PM J i, CITY OF HUN'T"INGTON 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 I DATE:, �D DD --10: 4 ,L.t_hd ATTENTION: &// //O//MtY! N e DEPARTMENT: / AD"f k(?OA 9741/2 REGARDING: ;rMe'f I4Z.3-J Cit ,st te,Zip See Attached Action Agenda Item ,E—6 Date of Approval 9 Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. Remarks: 04W.0 Mos. 3Sm Connie Brockway _ ;;}} City Clerk �m 919 a//O O - /-a-,M CZ[/ u f3 Attachments: Action Agenda Page Agreement Bonds Insurance RCA Deed Other CC: Name QVartment RCA Agreement Insuranc Other Name Department RCA Agreement Insurance Other NaW QgRArtment RCA Agreement Insurance Other Name Department RCA Agreement Insurance ,✓ : Other Risk Management Dept. Insurance Received by Name-Company Name-Date G:Followup/Letters/coverltr (Telephone: 714-536-5227 (8) 12/6/99 - Council/Agency Agenda - Page 8 E-5. (City Council) Adopt Resolution No. 99-103 —Amendments to City Classification Plan —(Information Technology Classifications) (700.10) —Adopt Resolution No. 99-103— "A Resolution of the City Council of the City of Huntington Beach to Amend the City Classification Plan by Modifying the Classifications Involving Information Technology and by Adding New Classifications." Submitted by the Administrative Services Director [Approved 7-0] E-6. sty Council) Tract No. 14355 Substitution of Bonds and Subdivision Agreement— Seacliff Ventures, L.P. & Lennar Homes of California, Inc. —(Holly-Seacliff Specific Plan) n/w Corner of Garfield Avenue and Edwards Street—(Formerly PLC Land Company) (600.10) — 1. Release PLC Land Company's Subdivision Agreement and Bond Nos. 3SM 913 212 00 and 3SM 913 211 00, (American Motors Insurance Company) the securities furnished for Faithful Performance/Labor& Material and Monuments respectively; and 2. Accept Seacliff Ventures, L.P. Subdivision Agreement and Bond Nos. SD00083514 and SD00083515, (Frontier Pacific Insurance Company) 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. Accept Lennar Homes of California, Inc. Subdivision Agreement and Bond Nos. 111 3346 4286 and 111 3346 4294, (The American Insurance Company) 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 4. Instruct the City Clerk to notify the previous developer, PLC Land Company, of this action; and the City Treasurer to notify the bonding company, (American Motorists Insurance Company). Submitted by the Director of Public Works [Approved 7-0] E-7. (City Council) Approve the Release of Securities for Tract No. 15109 and Accept the Public Improvements—Centerstone Development—e/s Beach Boulevard, s/o Adams Avenue (420.60)— 1. Accept the improvements constructed and dedicated for public use with Tract No. 15109; and 2. Release the Faithful Performance/Labor and Material and Monument Bond No. 1317993, (Amwest Surety Insurance Company) pursuant to California Government Code Section No. 66499.7(b); and 3. Accept the Guarantee and Warranty Bond No. 1317993, (Amwest Surety Insurance Company) 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, Centerstone Development Company, of this action, and the City Treasurer to notify the surety, (Amwest Surety Insurance Company) of this action; and 5. Instruct the City Clerk to record the Notice of Acceptance of Public Improvements with the Orange County Recorder. Submitted by the Director of Public Works [Approved 7-0] E-8. (City Council) Accept the Seapoint at Pacific Coast Highway Pedestrian Access Ramp Project CC-1022, and File a Notice of Completion — KAS Equipment & Rental, Inc. (600.70) —Accept the Seapoint at Pacific Coast Highway Pedestrian Access Ramp Project CC-1022 at a final cost of$100,412, and authorize the City Clerk to file a Notice of Completion with the Orange County Recorder. Submitted by the Director of Public Works Funding Source: Sufficient SB 821 and California State Coastal Conservancy Grant funds were authorized for this project. [Approved 7-0] ATTACHMENT 1 PROJECT:: .SITE Et.us AVE . -SCE SUBSTATION P------- - - , .cam l hLYr•'m.'�; - � r ,; (�. ,r•. g o tK 3 � W NN �ARFIELD q - TENT. TRACT 15355 PENINSULA LN. VICINITY MAP NTS ATTACHMENT 2 /QGe'cL : I have received Faithful Performance Bond No. SD00083514 — Frontier Pacific Insurance Company for Seacliff Ventures, L.P. I have received Labor and Material Bond No. SD00083514 — Frontier Pacific Insurance Company for Seacliff Ventures, L.P. I have received Maintenance Bond No. SD00083515 — Frontier Pacific Insurance Company for Seacliff Ventures, L.P. RE: City Clerk Vault File No. 420.60—Approved by Council on 12/6/99—Tract No. 14355 i Dated: 1 Z^ By: I have received Faithful Performance Bond No. SD00083514— Frontier Pacific Insurance Company for Seacliff Ventures, L.P. I have received Labor and Material Bond No. SD00083514 — Frontier Pacific Insurance Company for Seacliff Ventures, L.P. I have received Maintenance Bond No. SD00083515 — Frontier Pacific Insurance Company for Seacliff Ventures, L.P. RE: City Clerk Vault File No. 420.60—Approved by Council on 12/6/99—Tract No. 14355 Dated: By: BOND NO.SD00083515 PREMIUM $180.00/24 months MONUMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT Seacliff Ventures L.P. as Subdivider of Tract No. 14355 in the City of Huntington Beach,County of Orange,State of California,has submitted to said City a Final Map of said tract containing an engineer's or surveyor's certificate stating that all final monuments will be set in the positions indicated on or before the date specified in said certificate: That said Seacliff Ventures L.P. (Subdivider) as principal,and Fronti r r Pacific Tnsuranra Rnmpny 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 slid 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 .Twelve thousand dollars and No/100's******** $12,o00.oo*******,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 9th day of July 19�. Seacliff Ventures L.P. as Principal Fronteri Pacific Tnsurnnce Cmmpany aSSurety By: davinan er Attorney-in-fact By: APPROVED AS TO FORm:I GAIL HUTTON CIT ATT NEY By. e t C9ty Attorney 9092.01 RONTEER P- `- INSURANCE COMPANY (a California Company) 6404 Wilshire Blvd.,Suite 850,Los Ang6les,California 90048-5510 POWER OF ATTORNEY 4tnow Aff Men%g Vf ese 'Presents:That FRONTIER PACIFIC INSURANCE COMPANY,a California Corporation,having its principal office in La Jolla,California,pursuant to the following resolution,adopted by the Board of Directors of the Corporation on the 15th day of November,1991. "RESOLVED,that the Chairman of the Board,the President,or any Vice President be,and hereby is,authorized to appointAttomeys-in- Fact to represent and act for and on behalf of 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 Attomey-in-Fact" This Power of Attorney is signed and sealed in facsimile under and by the authority of the above Resolution. DOES HEREBY MAKE,CONSTITUTE AND APPOINT: DAVID C. BANFER of La Jolla ,in the State of California its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred in its name,place and stead to sign,execute,acknowledge and deliver in its behalf,and as its act and deed,without power of redelegation,as follows: Bonds guaranteeing the fidelity of persons holding places of public or private trust,guaranteeing the performance of contracts other than insurance policies;and executing or guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by law allowed-, IN AN AMOUNT NOT TO EXCEED THREE MILLION FIVE HUNDRED THOUSAND ($3,500,000.00) DOLLARS;and to bind FRONTIER PACIFIC INSURANCE COMPANY thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of FRONTIER PACIFIC INSURANCE COMPANY,and all the acts of said Attomey(s)-in-Fact pursuant to the authority herein given are hereby ratified and confirmed. N Witness W fjereof FRONTIER PACIFIC INSURANCE COMPANY of Los Angeles,California,has caused this Power of Attorney to be signed by its Vice President and its Corporate seal to be affixed this day of ,19 9th February 98 FRONTIER PACIFIC INSURANCE COMPANY fINS,/q♦ w � waxs� :; _°, o nn :�i '''• ' DAVID E.CAMPBELL,Vice President STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) On February 9,1998 before me,N.Ortiz,NotaryPublic,personally appeared David E.Cam bell,personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity,and that by his signature on the instrument the person(s),or the entity upon behalf of which the persons)*acted,executed the instrument. Witness my hand and official seal M.09M Cdnrnslon it 11 INOf+S P -caatorrtla sQt°tieRC e9°CauMl► r�►comm.r�sau�4'ooQ Signature PNotaryPublic I,the undersigned,Joseph R Loughlin,Secretary of FRONTIER PACIFIC INSURANCE COMPANY,do hereby certify that the original POWER OF ATTORNEY,of which the foregoing is a full,true and correct copy,is in full force and effect. IN WITNESS WHEREOF, I have hereunto subscribed my name as Joseph P. Loughlin, Secretary, and affixed the Corporate Seal of the Corporation this 9th day of July ''I •��Na, . Sys_{- •.,y.,i //16/ '•, W�/+ Joseph P.Loughlin,Secretary JlX.V23a !;? 7 °s'._°+i ::f` W-10393-,I95.5M FM 19.5002E-FP(11/98) _ 3 STATE OF CALIFORNIA } )ss COUNTY OF SAN DIEGO) On July 9, 1999, before me,N. Ortiz, personally appeared David C. Banfer, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. ,� N.CR7lZ Commission# 1192302 Z .y� Notary Public-California Z son Diego County Signature - W►y Comm.EOres Aug 6.2002 (THE BALANCE OF THIS PAGE IS INTENTIONALLY LEFT BLANK) State of California RIGHT THUMBPRINT(Optional) County of ORANGE W C On JULy 9 .1999 before me, LORETTA SCHOENINGH.NOTARY PiiRT.T (DATE) (NAMERITLE OF OFFICER•i.e.'JANE DOE.NOTARY PUBLIC'1 0 0 personally appeared JAMS C. MANNING MAMEMI OF SIGNER(SII CAPACITY CLAIMED BY SIGNERIS) OINDIVIDUAL(S) OCORPORATE ® personally known to me -OR- O proved to me on the OFFICER(S) basis of satisfactory ITITIEst evidence to be the ❑PARTNERIS) OLIMITED person($)whose name[ OGENERAL Is/zre subscribed to the OATTORNEY IN FACT within instrument and (:ITRUSTEE(S) acknowledged to me that OGUARDIAN/CONSERVATOR he/sh.la t# e* executed the OOTHER: same in . his/he Aheir authorized capacity(ies), SIGNER IS REPRESENTING: M and that by his/hex-/##ek signatureW On the IName of Personlel or Entityliesl instrument the person(&), or the entity upon behalf — - —of which the person(s-) acted, executed the --- - — ,cv' LORETTASCHOENINGH instrument. COMM. # 1140978 (n RIGHT THUMBPRINT(Optional) Notary Public-Calitornia Orange County CUD) ,, My Commission Expires j Witness my hand and.official seal. MAY 31, 2001 x 4 nom`� m (BEAU '/ - 0 ISIGNATWE OF NOTARY► CAPACITY CLAIMED BY SIONER(S) OINDIV IDUAL(S) IDCORPORATE ATTENTION NOTARY OFFICERISI The information requested below and in the column to the right is OPTIONAL. ITITLESI Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent attactinlent of this certificate to any CJPARTNERIS► ❑LIMITED Unauthorized document. OGENERAL ❑ATTORNEY IN FACT THIS CERTIFICATE Title of Type of Document` OTRUSTEE(S) MUST BE ATTACHED - OGUARDIAN/CONSERVATOR TO THE DOCUMENT Number of Pages _ Oute of Document _ UOTHER: DESCRIBED AT RIGHT: Signerfs)Other Than Named Above-,--- `�-�-- -_ -�--- --�--� SIGNER IS REPRESENTING: IName of Personls)or Entity(iss) WOLCOTT$FORM 63237 Rev.3.94(price class 0•2AI 01994 WOLCOTTS FORMS,INC. ALL PURPOSE ACKNOWLEDGMENT FOR CALIFORNIA WITH SIGNER CAPACITY/REPRESENTATION/TWO FINGERPRINTS �III� 7 67775 63237 8 tlUNU NU.cnnnnu35yi PREMIUM incluced ip performance bond ' LABOR AND MATERIAL BOND WHEREAS,the City Council of the City of Huntington Beach,State of California,and Seacliff Ventures L.P. (hereinafter designated as'Principal')have entered into an agreement whereby principal agrees to install and complete designated public improvements,which said agreement,dated 19 and identified as project Tract 14355 Is hereby referred to and made a part hereof;and WHEREAS,under the terms of said agreement,principal is required before entering upon the performance of the work,to file a good and sufficient payment bond with the City of Huntington Beach to secure the claims to which reference is made in Title 15(commencing with Section 3082)of Part 4 of Division 3 of Civil Code of the State of California. Now,therefore,said principal and the undersigned as corporate surety,are held firmly bound unto the City of Huntington Beach and all contractors,subcontractors,laborers,materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedures in the sum of Thirty nine thousand six hundred sixty dollars no/100 s dollars($ 39,660.00*** ),for materials furnished or labor thereon of any kind,or-for amounts due under the Unemployment Insurance Act with respect to such work or labor,that said surety will pay the same in an amount not exceeding the amount hereinabove set forth,and also in case suit is brought upon this bond,will pay,in addition to the face amount thereof,costs and reasonable expenses and fees,including reasonable attorney's fees,incurred by"City,in successfully enforcing such obligation,to be awarded and fixed by the court,and to be taxed as costs and to be Included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons,companies and corporations entitled to file claims under Title 15(commencing with Section 3082)of Part 4 of Division 3 of the Civil Code,so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed,then this obligation shall become null and void,otherwise it shall be and remain in full force and effect The surety hereby stipulates and agrees that no change,extension of time,alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner 1 8090 affect its obligation on this bond,and it does hereby waive notice of any such change,extension,alteration or addition. In witness whereof,this instrument has been fully executed by the principal and surety above named,on July 9, .19 99 Seacliff Ventures L.P. as Principal Frontier Pacific Insurance Company as Surety By: �� . avi an er A orney-in- ac By: STATE OF CALIFORNIA ) 2p1,ROVFn pc TO ^'�" SS + COUNTY OF ORANGE cn?, Y czz"1 =� By Attorney ON .BEFORE ME, e y City A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APP ED 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 t 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 eoso.o� 2 8090 RO/VT/ER INSURANCE COMPANY (a California Company) 6404 Wilshire Blvd.,Suite 850,Los Ang6les,California 90048-5510 POWER OF ATTORNEY Rnotu o1Uf Men%g Vfjese'Presents:That FRONTIER PACIFIC INSURANCE COMPANY,a California Corporation,having its principal office in La Jolla,California,pursuant to the following resolution,adopted by the Board of Directors of the Corporation on the 15th day of November,1991. 'RESOLVED,that the Chairman of the Board,the President,or any Vice President be,and hereby is,authorized to appoint Attomeys-in- Fact to represent and act for and on behalf of the Company to execute bonds,undertakings,racognizances 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 thereon '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 Attomey-in-Fact.' This Power of Attorney is signed and sealed in facsimile under and by the authority of the above Resolution. DOES HEREBY MAKE,CONSTITUTE AND APPOINT: DAVID C. BANFER of La Jolla ,in the state of California its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred in its name,place and stead to sign,execute,acknowledge and deliver in its behalf,and as its act and deed,without power of redelegation,as follows: Bonds guaranteeing the fidelity of persons holding places of public or private trust,guaranteeing the performance of contracts other than insurance policies;and executing or guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by law allowed; IN AN AMOUNT NOT TO EXCEED THREE MILLION FIVE HUNDRED THOUSAND($3,500,000.00) DOLLARS;and to bind FRONTIER PACIFIC INSURANCE COMPANY thereby as fully and to the same extent as if such bond or undertaking was signed by the duty authorized officers of FRONTIER PACIFIC INSURANCE COMPANY,and all the acts of said Attomey(s)-in-Fact pursuant to the authority herein given are hereby ratified and confirmed. 3n(Witness(Wf ereof FRONTIER PACIFIC INSURANCE COMPANY of Los Angeles,California,has caused this Power of Attorney to be signed by its Vice President and its Corporate seal to be affixed this 9th day of February . '19 98 FRONTIER PACIFIC INSURANCE COMPANY z »n •o--. o • 'ass BY: DAVID E.CAMPBELL,Vice President STATE OF CALIFORNIA) ................. COUNTY OF SAN DIEGO) On February 9,1998 before me,N.Ortiz,NotaryPublic,personally appeared David E.Campbell,personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity,and that by his signature on the instrument the person(s),or the entity upon behalf of which the person(s)'acted,executed the instrument. Witness my hand and official seal t;;#zoo N.ORTIZ AeNk COVV dsft R 1191�2 ` Mc+ary IPubNC-caatoma san aopo County — &*CWM80=Aup420o2 Signature of Notary Public 1,the undersigned,Joseph P.Loughlin,Secretary of FRONTIER PACIFIC INSURANCE COMPANY,do hereby certify that the original POWER OF ATTORNEY,of which the foregoing is a full,true and correct copy,is in full force and effect. IN WITNESS WHEREOF, I have hereunto subscribed my name as Joseph P. Loughlin, Secretary, and affixed the Corporate Seal of the Corporation this 9th day of JulyINSU4 .19 -w. :C.t =aarn6 OR 1 V Joseph P.Loughlin,Secretary 1 pt n isn • ra i FM 19-50028-FP(11/98) +<•O"+'�? W10393.495-SM STATE OF CALIFORNIA } }ss COUNTY OF SAN DIEGO} On July 9, 1999, before me, N. Ortiz,personally appeared David C. Banfer,personally known to me (or proved to me on the basis of satisfactory evidence)to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. N.OWTIZ to Commission# 1192302 ♦ z Notary PubliC-COROM10 Z San Diego County My Comm.Expires Aug 6,2002 Signature (THE BALANCE OF THIS PAGE IS INTENTIONALLY LEFT BLANK) State of California RIGHT THUMBPRINT(Optional) County of ORANGE W R m On ji ILy .L999 before me, LORETTA SCHOENING$,aNOTARY P1iRT.1 (DATE) INAME/TITLE OF OFFICER•i.e.'JANE DOE,NOTARY PUBLIC'I LLo d personally appeared JAMES C. MANNING INAMEISI OF SIGNERISII CAPACITY CLAIMED BY SIGNERIS) C)INDIVIDUAL(SI OCORPORATE ® personally known to me -OR- ❑ proved to me on the OFFICERS)— basis of satisfactory (TinES) -- evidence to be the OPARTNER(S) ❑LIMITED person(-s) whose nameW OGENERAL is/.@x-e subscribed to the OATTORNEY IN FACT - within instrument and CITRUSTEEIS) acknowledged to me that CJGUARDIANICONSERVATOR he/sk;e4kaay-executed the OOTHER: same in his/her/their authorized capacity(ies),and that by his/her4t ek SIGNER IS REPRESENTING: signature(&') on the (Name of Personfel or Entitylisel instrument the person(&), or the entity upon behalf -- -- ——of which the person(s4 acted, executed the --- - --- yEiO' Mf�, LORETTA SCHOENIWM instrument. RIGHT THUMBPRINT IOptionell COMM. A 1140978 ? Notary Public-California =. Q Q; Orange County • My Commission Expires Witness my hand and official seal. MAY 31. 2001 V. .nomn� f ISEAL) o O I (GNAT OF NOT RY) CAPACITY CLAIMED BY SIGNEMS) OINDIVIOUAL(SI nCORPORATE _ ATTENTION NOTARY OFFICER(S) The information requested below and in the column to the right is OPTIONAL. ITIn.E% Recording of this document is not required by law and is also Optional. It could, however, prevent fraudulent attachment of this certificate to any CIPARTNER(S) OLIMITED unauthorized document. OGENERAL OATTORNEY IN FACT THIS CERTIFICATE Title or Type of Document «` OTRUSTEEIS► MUST BE ATTACHED OGUARDIAN/CONSERVATOR TO THE DOCUMENT Number of Pages ,—Data of Document _—•_ �__--_—.___-.•-_ CIOTHER: DESCRIBED AT RIGHT: Signerts)Other Than Named Above SIGNER IS REPRESENTING: (Name of Personle)or Entity(ies) WOLCOTTS FORM 93237 Rey.3.94(price clean 9.2A1 01994 WOLCOTTS FORMS.INC. ALL PURPOSE ACKNOWLEDGMENT FOR CALIFORNIA WITH SIGNER CAPACITY/REPRESENTATIONfrWO FINGERPRINTS 7 67775 63237 9 UVIVU IYV. .)U000U Y)14 PREMIUM $1,190.00/24 months FAITHFUL PERFORMANCE BOND WHEREAS,the City Council of the City of Huntington Beach,State of California,and Seacliff Ventures L.P. (hereinafter designated as'principal*)have entered into an agreement whereby principal agrees to install and complete designated public improvements,which said agreement,dated 19 ,and identified as projectTract 14 itis ,is hereby referred to and made a part hereof;and WHEREAS,said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. Now,therefor,we,the principal and Frontier Pacific Tnsurance company as surety,are held and firmly bound unto the City of Huntington Beach,hereinafter called"City",the penal SUM of Seventy ni na Thnnsgnnd three hundred twenty one dollars($ 79.321.00********t No/100's lawful money of the United States,for the payment of which sum well and truly to be made,we bind ourselves,our heirs,successors,executors and administrators,jointly and severally,firmly by these presents. The condition of this obligation is such that if the above bounded principal,his or its heirs, executors,administrators,successors or assigns,shall in all things stand to and abide by,and well and truly keep and perform the covenant,condition and provisions in the s6id agreement and any alteration thereof made as therein provided,on his or their part,to be kept and performed at the time and in the manner therein specified,and in all respects according to their true intent and meaning,and shall indemnify and save harmless'City",its officers,agents and employees,as therein stipulated,then this obligation shall become null and void;otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor,there shall be included costs and reasonable expenses and fees,including reasonable attorney's fees incurred by"City in successfully enforcing such bbligation,all to be taxed as costs and included in any judgment rendered. I The surety hereby stipulates and agrees that no charge,extension of time,alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond,and it does hereby waive notice of any change,extension of time,alteration or addition to the terms of the agreement or to the work or to the specifications. In witness whereof,this instrument has been duly executed by the principal and surely above named,on July 9, 1999 Seacliff Ventures LP .as Principal Fron i t Pani f i . Thauranra r mmpangs Surety By 7 David C. Banfer Attorney-in-fact By APPROVED AS TO FORM:, CAIL HUTTON tCITY ATTORNEY tV City Attorney 2 State of California RIGHT THUMBPRINT fOptionall County of ORANGE a On JULY 9 ,1999 before me, LORETTA SCHOENINGH-NOTARY PTIRT.T (OATEI (NA.1AENITLE OF OFFICER•i.e.'JANE DOE.NOTARY PUBLIC'! c 6 personally appeared .TAMES C. MANNING (NAMEIS)OF SIGNERIS)I CAPACITY CLAIMED BY SIONERIS) OINDIVIDUAL(SI OCORPORATE ® personally known to me -OR- 0 proved to me on the OFFICERIS) basis of satisfactory (rinEs) evidence to be the OPARTNER(S) ❑LIMITED person(-s)whose names) ❑GENERAL )s/zr-e subscribed to the ❑ATTORNEY IN FACT within instrument and CITRUSTEE(sI acknowledged to me that DGUARDIANICONSERVATOR he/sl;494 :e executed the ❑OTHER: - same in his/herAheir authorized capacity(ies), ----- -------- and that by his/herA eir SIGNER IS REPRESENTING: signatureW on the (Name of Person(s)or Entity0ael instrument the person(&), or the entity upon behalf ----- - --- of which the person(sa ASCHOENIIM'H acted, executed the -- --- Lonr- If 1140978 (n instrument. RIGHT THUMBPRINT-10ptionall COMM. Notary Public-California Orange County My Commission Expires ..E. Witness my hand and official seal. MAY 31, 2001 i 4non,n. m I Z (SEAL) - o 0 0 (SIGNATUR N ARY) CAPACITY CLAIMED BY SIGNER(S) OINDIV(DUAL(S) OCORPORATE ATTENTION NOTARY OFFICERS) The information requested below and in the column to the right is OPTIONAL. Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any EIPARTNERIS) ❑LIMITED unauthorized document. OGENERAL OATTORNEY IN FACT THIS CERTIFICATE Title or Type of Document ��— OTRUSTEEIS) MUST BE ATTACHED OGUARDIAN/CONSERVATOR TO THE DOCUMENT Number of Pages Date of Document __ OOTHER: DESCRIBED AT RIGHT: Signer(s)Other Than Named Above SIGNER IS REPRESENTING: IName of Person(s)or Entitylies) WOLCOTTS FORM 83237 Rev.3.84(price class 8.2AI 01884 WOLCOTTS FORMS,INC. ALL PURPOSE ACKNOWLEDGMENT FOR CALIFORNIA WITH SIGNER CAPACITY/REPRESENTATION/rWO FINGERPRINTS ==Jj 7 67775 63237 s STATE OF CALIFORNIA } }ss COUNTY OF SAN DIEGO} On July 9, 1999, before me, N. Ortiz,.personally appeared David C. Banfer, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. N.ORM Commission# 1192302 �i Nofory Public-Co6fomia 1 a son Diego County Signature V AM Comm.6pi►es Aug 6.2002 (THE BALANCE OF THIS PAGE IS INTENTIONALLY LEFT BLANK) R0M71ER - _=== INSURANCE COMPANY (a California Company) 6404 Wilshire Blvd.,Suite 850,Los Ang6les,California 90048-5510 POWER OF ATTORNEY ` now Aff(Men 113y Z'gese (presents:-That FRONTIER-PACIFIC INSURANCE COMPANY,a California Corporation,-having its principal office in La Jolla,California,pursuant to the following resolution,.adopted by the Board of Directors of the Corporation on the 15th day of November,1991. "RESOLVED,that the Chairman of the Board,the President,or any Vice President be,and hereby is,authorized to appoint Attomeys-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 maybe affixed to any such Power of Attomey or to any certificate relating thereto by facsimile,and any such Power of Attomey 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 Attomey-in-Fact" This Power of Attorney is signed and sealed in facsimile under and by the authority of the above Resolution. DOES HEREBY MAKE,CONSTITUTE AND APPOINT: DAVID C. BANFER of La Jolla ,in the State of California its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred in its name,place and stead to sign,execute,acknowledge and deliver in its behalf,and as its act and deed,without power of redelegation,as follows: Bonds guaranteeing the fidelity of persons holding places of public or private trust,guaranteeing the performance of contracts other than insurance policies;and executing or guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by law allowed; IN AN AMOUNT NOT TO EXCEED THREE MILLION FIVE HUNDRED THOUSAND($3,500,000.00) DOLLARS;and to bind FRONTIER PACIFIC INSURANCE COMPANY thereby as fully and to the same extent as if such bond or undertaking was signed.by the duly authorized officers of FRONTIER PACIFIC INSURANCE COMPANY,and all the acts of said Attomey(s)-in-Fact pursuant to the authority herein given are hereby ratified and confirmed. 3n%0itne55%Ajereo f FRONTIER PACIFIC INSURANCE COMPANY of Los Angeles,California,has caused this Power of Attorney to be signed by its Vice President and its Corporate seal to be affixed this day of ,19 9th February . 98 FRONTIER PACIFIC INSURANCE COMPANY ULY2 ._.Cam. �J �� "'✓�/' :o•.. :�: BY. DAVID E.CAMPBELL,Vice President STATE OF CALIFORNIA) """' COUNTY OF SAN DIEGO) February 9,1998 On before me,N.Ortiz,Notary Public,personally appeared David E.Campbell,personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity,and that by his signature on the instrument the person(s),or the entity upon behalf of which the person(s)'acted,executed the instrument. Witness my hand and official seal fY• Carrttaion#1k 11 119?3QZ ` Nbtr3y Public-Cdltornio San oteAo ca,nhf ��( 1 . Wly Colrrm.Fires Aup 4 9DQZ Signature of Notary Public I,the undersigned,Joseph P.Loughlin,Secretary of FRONTIER PACIFIC INSURANCE COMPANY,do hereby certify that the original POWER OF ATTORNEY,of which the foregoing is a full,true and correct copy,is in full force and effect. IN WITNESS WHEREOF, I have hereunto subscribed my name as Joseph P. Loughlin, Secretary, and affixed the Corporate Seal of the Corporation this 9th day of July ,tg t Jse h P.Lou hlin,oP 9 Secretary W-1 0393-4/95-5M FM 19.5002E-FP(11/98) ATTACHMENT 3 94/ aL� ' I have received Faithful Performance Bond No. 11133464286 —The American Insurance Company for Lennar Homes of California, Inc. I have received Labor and Material Bond No. 11133464286—The American Insurance Company for Lennar Homes of California, Inc. I have received Maintenance Bond No. 11133464294—The American Insurance Company for Lennar Homes of California, Inc. 1. RE: City Clerk Vault File No. 420.60—Approved by Council on 12/6/99—Tract No. 14355 Dated: i By: •i" BOND NO.111 3346 4294 PREMIUM$ioo.00 MONUMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT LENNAR HOMES OF CALIFORNIA, INC.. A CALIFORNIA CORPORATION, as Subdivider of Tract No. 14355 in the City of Huntington Beach,County of Orange,State of California,has submitted to said City a Final Map of said tract containing an engineer's or surveyor's certificate stating that all final monuments will be set in the positions indicated on or before the date specified in said certificate: That said LENNAR HOMES OF CALIFORNIA, INC.. A CALIFORNIA CORPORATION (Subdivider) as principal,and THE AMERICAN INSURANCE COMPANY as surety,hereby guarantee to the City of Huntington Beach the payment of the cost of setting all such monuments within or in connection with said tract,as are not already set prior to the recording of said Final Map,in accordance with said map and said certificate up to but not in excess of the sum of $ 12,000,oo-------r 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 28th day of JULY ,19 99 LENNAR HOMES OF CALIFORNIA, INC. A CAT.TFORNTA rORW)RATMN ,as Principal By: By: Sr. Vice President THE AME CAN INSURANCE COMPANY ,as Surety By: K.R. Viodes, Attorney—in—Fact By: ,8092.01 FIREMAN'S FUND INSURANCE COMPANY NATIONAL SURETY CORPORATION ASSOCIATED INDEMNITY CORPORATION THE AMERICAN INSURANCE COMPANY AMERICAN AUTOMOBILE INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That FIREMAN'S FUND INSURANCE COMPANY,a California corporation,NATIONAL SURETY CORPORATION, an Illinois corporation, THE AMERICAN INSURANCE COMPANY. a New Jersey corporation redomesticated in Nebraska, ASSOCIATED INDEMNITY CORPORATION, a California corporation, and AMERICAN AUTOMOBILE INSURANCE COMPANY, a Missouri corporation, (herein collectively called "the Companies")does each hereby appoint ROBERT M. ANDERSON, THOMAS C. McCALL, VICTORIA M. CAMPBELL, K. R. VIODES, JANINA MONROE, COSTA MESA CA their we and lawful Anomey(s)-in-Fan,with full power of authority hereby conferred in their name,place and stead,to execute,seal,acknowledge and deliver any and all bonds,undertakings,recognizances or other written obligations in the nature thereof and to bind the Companies thereby as fully and to the same extent as if such bonds were signed by the President,sealed with the corporate seals of the Companies and duly attested by the Companies'Secretary,.hereby ratifying and confirming all that the said Attomey(s)-in-Fact may do in the premises. This power of attorney is granted under and by the authority of Article V11 of the By-lawi of FIREMAN'S FUND INSURANCE COMPANY.NATIONAL SURETY CORPORATION, THE AMERICAN INSURANCE COMPANY ASSOCIATED INDEMNITY CORPORATION and AMERICAN AUTOMOBILE INSURANCE COMPANY which provisions are now in full force and effect. This power of attorney is signed and sealed under the authority of the following Resolution adopted by the Board of Directors of FIREMAN'S FUND INSURANCE COMPANY,NATIONAL SURETY CORPORATION,THE AMERICAN INSURANCE COMPANY,ASSOCIATED INDEMNITY CORPORATION and AMERICAN AUTOMOBILE INSURANCE COMPANY at a meeting duly called and held,or by written consent,on the 19th day of March, 1995,and said Resolution has not bcen amended or repealed: "RESOLVED,that the signature of any Vice-President.Assistant Secretary,and Resident Assistant Secretary of the Companies,and the seal of the Companies may be affixed or printed on any power of attorney,on any revocation of any power of attorney,or on any certificate relating tht'i'eto,by facsimile,and any power of attorney,any revocation of any power of attorney,or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Companies." IN WITNUS WHEREOF the Companies have caused th senu, to be signed by their Vice-President, and their corporatJINS unto affixed this 40 day of January FIREMAN'S F COMPANY �YL+ �•,r ��AN'S AY[A//``�., a•" "N.. NATIOPORATION �J daPpR�. �•``.. . ' �+ ,•'•,, a •i"••'•F+y' ` '� THE AMERICOMPANY 4 i o*W-s o �= • • 3;—•-� OCIATEDPORATION aEvravn •• ,, a i � > s a A L.`. AM R1C UTOMO COMPANY yyy i r J j a 4 we ea By VL STATE OF CALIFORNIA l Vice.Pre.;ew } ss. COUNTY OF MARIN J / ,/)/) On this 9R day of Tanrlar3z 1999 ,before the personally came �T .OLD /� *e4W to me known, who,being by me duly sworn,did depose and say:that he is a�Vice-President of each company,described in and which executed the above instrument;that he knows the teals of the said Companies;that the seals affixed to the said instrument are such company seals;that they were so affixed by order of the Board of Directors of said companies and that he signed his name thereto by like order. IN WITNESS WHEREOF,I h the day and year herein first above written 0 Zg,t&`r..M, Judy K. Bechtold ? �c Comm, #1099437 NOTARY PUBLIC-CAUFORNI/� SONOMA!AUNTY (J Comm. Exp.June 2,2010 na+rr Public TE STATE OF CALIFORNIA Iss. COUNTY OF MARW I,the undersigned,Resident Assistant Secretary of each company,DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been tevoked;and furhermore that Article VU of the By-laws of each company,and the Resolution of the Board of Directors;set forth in the Power of Attorney. are now in forte. Signed and sealed at the County of Marin. Dated the 28th day of JULY 1999 �� - 4+MCE C),l� rr0�.e Ruideat ARisnnt$monry 360791-11-98 State of California County of Orange On July 28, 1999 before me, V.M. Campbell, Notary Public , DATE NAME. TITLE OF OFFICER-E.G..'JANE DOE. NOTARY PUBLIC' personally appeared K. R. Viodes ********* NAME(S) OF SIGNER(S) x❑ personally known to me - - ❑ to be the person(4 whose name#) isAm subscribed to the within instrument and acknowledged to me that :he/she/tbeyc executed the same in is/her/it>;eiK authorized capacityfog, and that by Where signatureM on the instrument the person(, or the entity upon behalf of which the personN acted, executed the instrument. W. CAMPSELL j a C0IM1,111.111200319 a w rn WITNESS m hand and official seal. CD NOTARY PUBLIC-CALIFORNIA m y a ORANGECOUNI'Y. Iv My Comm.Expirss Nov.25,2002 SIGNATURE OF Not O RY 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 FX�ATTORNEY-IN-FACT NUMBER OF PAGES ❑TRUSTEE(S) ❑GUARDIAN/CONSERVATOR ❑OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: SIGNER(S) OTHER THAN NAMED ABOVE NAME OF PERSON(S) OR ENTITY(IES) California All-Purpose Acknowledgment State of California ) ) ss County of Orange ) On July 29. 1999 before me, Dee Baker,Notary Public,personally appeared Jeff Roos personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacities and that by his signatures on the instrument the person or the entities upon behalf of which the person acted, executed the instrument. Witness my hand and official seal. DEE BAER commmlon N I0=1 m Notaryao��Yom(a 4 My Comm.EMko Apr 19,2MO Dee Baker, Notary Public d Description of Attached Document Title or Type of Document: Monument Bond Tr. 14355 Bond# 1113346 4294 Document Date: July 28, 1999 Number of Pages: Signer(s) Other Than Named Above: BOND NO. 111 3346 4286 PREMIUM INCLUDED IN PERFORMANCE BOND LABOR AND MATERIAL BOND WHEREAS,the City Council of the City of Huntington Beach,State of California,and LENNAR HOMES OF CALIFORNIA, INC., A CALIFORNIA CORPORATION (hereinafter designated as"Principal")have entered into an agreement whereby principal agrees to install and complete designated public improvements,which said agreement,dated THE BLUFFS 19 and identified as project TRACT 14355 is hereby referred to and made apart hereof,and WHEREAS,under the terms of said agreement,principal is required before entering upon the performance of the work,to file a good and sufficient payment bond with the City of Huntington Beach to secure the claims to which reference is made in Title 15(commencing with Section 3082)of Part 4 of Division 3 of Civil Code of the State of California. Now,therefore,said principal and the undersigned as corporate surety,are held firmly bound unto the City of Huntington Beach and all contractors,subcontractors,laborers,.matedalmen 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 EIGHTY-EIGHT THOUSAND TWO HUNDRED SEVENTY-SEVEN AND N0/100------------------------------ dollars($ as,2 7 7.00------------------- 1,for materials furnished or labor thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to such work or labor,that said surety will pay the same in an amount not exceeding the amount hereinabove set forth,and also in case suit is brought upon this bond,will pay,in addition to the face amount thereof,costs and reasonable expenses and fees,including reasonable attorney's fees,incurred by"City"in successfully enforcing such obligation,to be awarded and fixed by the court,and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons,companies and corporations entitled to file claims under Title 15(commencing with Section 3082)of Part 4 of Division 3 of the Civil Code,so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed,then this obligation shall become null and void,otherwise it shall be and remain in full force and effect The surety hereby stipulates and agrees that no change,extension of time,alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner 1 ' 9090 affect its obligation on this bond,and it does hereby waive notice of any such change,extension,alteration or addition. In witness whereof,this instrument has been fully executed by the principal and surety above named,on JULY 28 19 99 LENNAR HOMES OF CALIFORNIA, INC. A CAT.TFORNTA CORPORATION ,as Principal By: Jeff Roos, Sr. Vice President By: THE AMER.ICAN INSURANCE COMPANY ,as Surety By: .R.Viodes, Attorney-in-Fact By: AI STATE OF CALIFORNIA Arl'rov,UT AS t yt ) C;lI1. HUTTOiI,- City Attorney SS By: Ue�,`ut'y City Attorney, 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 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 eoso.ot 2 8090 ' FIREMAN'S FUND INSURANCE COMPANY 'NATIONAL SURETY CORPORATION ASSOCIATED INDEMNITY CORPORATION THE AMERICAN INSURANCE COMPANY AMERICAN AUTOMOBILE INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That FIREMAN'S FUND INSURANCE COMPANY,a California corporation,NATIONAL SURETY CORPORATION, an Illinois corporation, THE AMERICAN INSURANCE COMPANY, a New Jersey corporation «domesticated in Nebraska. ASSOCIATED INDEMNITY CORPORATION, a California corporation, and AMERICAN AUTOMOBILE INSURANCE COMPANY, a Missouri corporation, (herein collectively called "the Companies-)does each hereby appoint ROBERT M. ANDERSON, THOMAS C. McCALL, VICTORIA M. CAMPBELL, K. R. VIODES, JANINA MONROE, COSTA MESA CA their true and lawful Anorney(s)-in-Fact,with full power of authority hereby conferred in their'name,place and stead,to execute,seal,acknowledge and deliver anv and all bonds,undertakings•recognizance-or other written obligations in the nature thereof ------ ------------------- and to bind the Companics thereby as fully and to the same extent as if such bonds were signed by the President,sealed with the corporate seals of the Companies and duly attested by the Companies'Secretary,hereby'ratifying and confirming all that the said Attomey(s)-in-Fact may do in the premises. This power of attorney is granted under and by the authority of Anicle VII of the By-laws of FIREMAN'S FUND INSURANCE COMPANY. NATIONAL SURETY CORPORATION, THE AMERICAN INSURANCE COMPANY. ASSOCIATED INDEMNITY CORPORATION and AMERICAN AUTOMOBILE INSURANCE COMPANY which provisions are now jn full force and effect. This power of attorney is signed and sealed under the authority of the following Resolution adopted by the Board of Directors of FIREMAN'S FUND INSURANCE COMPANY,NATIONAL SURETY CORPORATION,THE AMERICAN INSURANCE COMPANY.ASSOCIATED INDEMNITY CORPORATION and AMERICAN AUTOMOBILE INSURANCE COMPANY at a meeting duly called and held.br by written consent,on the 19th day of March. 1995,and said Resolution has not been amended or repealed: 'RESOLVED,that the signature of any Vice-President.Assistant Secretary,and Resident Assistant Secretary of the Companies.and the seal of the Companies may be affixed or printed on any power of attorney,on any revocation of any power of attorney,or on any certificate relating thereto.by facsimile,and any power of attorney,any revocation of any power of anomey,or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Companies.' IN S WHEREOF, the Companies have caused Eh cents to be signed by their Vice-President, and their corporate seals to be unto affixed this Ld day of JanuarV l� , FIREMAN'S FUND INSU N E COMPANY C C.') , NATiONALSU RPORATION +.• u,�y °ic ° THE AMERICAN INS E COMPANY ouis c _ • _ : —` OCIATED 1NDEM CORPORATION ter.y� } ?err E A L;S AM RJ UTOMOBILE INS NCE COMPANY ACE co *IYCC COJ Qt ,O . By STATE OF CALIFORNIA I v'°`PrSdC1 ss. COUNTY OF MARIN / On this 98 day of T am t a r3 19 9 9 •before me personally came 1T�.OL� /V • M�S`� to me known. wbo,being by me duly sworn,did depose and say:that he is a�Vice-President of each company,described in and which executed the above instrument:that he knows the seals of the said Companies;that the seals affixed to the said instrur:nt are such company"seals;that they were so affixed by order of the Board of Directors of said companies and that he signed his name thereto by like order. IN WITNESS WHEREOF,I h ,the day and year herein first above written Judy K. Bechtold e�ttcc Comm. #1099437 NOTARY PUBLIC-CALIFORNIA^^ SONOMA COUNTY 11 Comm. Exp,June 2,2000 -4 NaazyPublic ii—CATE STATE OF CALIFORNIA COUNTY OF MARIN ss. L the undersigned,Resident Assistant Secretary of each company,DO HEREBY CE- that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked;and furthermore that Article V11 of the By-laws of each company,and the Resolution of the Board of Directors;set forth in the Power of Attorney. as now in force. Signed and sealed at the County of Mann. Dated the 28th day of JULY 1999 ,.may oU�il� �p,AN'S f E►YCA/ . "'�"••o 'y�pp�rO,p ;• C,`� ��! •..,.�,yQ t�c�"".f,",�k1`4, �,►otV�t-.'ttriG� ' /_�, /�. / 6� !''� .••p`� ��'CE C�'�' `4,MCC.ety 0. Itecidau Aaimnt$eaeyry 3607791-11.98 State of California County of Orange On July 28, 1999 before me, V.M. Campbell, Notary Public DATE NAME. TITLE OF OFFICER .E.G., 'JANE DOE. NOTARY PUBLIC' personally appeared K. R. Viodes ********* NAME(S) OF SIGNER(S) 0 personally known to me -4W- ❑ to be the person(o whose name#) isYam subscribed to the within instrument and acknowledged to me that Je/she/tom executed the same in Jds/her/tbeix authorized capacitypmi , and that by WherWk signatureM on the instrument the person(X�j, or the entity upon behalf of which the personN 4V,M. CAMPBELL acted, executed the instrument. `" w COMM.#1200319 n Cl) NOTARY PUBLIC-CALIFORNIA m ORAIr]C COUIay N WITNE m1 handM;Soial se I. My Comm.Expires Nov.25,2DO2 in... SIGN ATURE OF NOttRY 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(S) TITLE OR TYPE OF DOCUMENT ❑PARTNER(S) ❑LIMITED ❑GENERAL DATTORNEY-IN-FACT NUMBER OF PAGES ❑TRUSTEE(S) ❑GUARD IAN/CONSERVATOR ❑OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: SIGNER(S) OTHER THAN NAMED ABOVE NAME OF PERSON(S) OR ENTITY(IES) California All-Purpose Acknowledgment State of California ) ) ss County of Orange ) On July 29, 1999 before me, Dee Baker,Notary Public,personally appeared Jeff Roos personally known to me to be the person whose - name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacities and that by his signatures on the instrument the person or the entities upon behalf of which the person acted, executed the instrument. Witness my hand and official seal. DEE BAKER Comfi ton#1086001 � �.�GW •a wta y Rmc— omia m me 9 2MO Dee Baker, Notary Public My Comtres . Description of Attached Document Title or Type of Document: Labor&Material Bond Tr. 14355 Bond# 1113346 4286 Document Date: July 28, 1999 Number of Pages: Signer(s) Other Than Named Above: BOND NO. 111 3346 4286 PREMIUM $706,00 FAITHFUL PERFORMANCE BOND WHEREAS,the City Council of the City of Huntington Beach,State of California,and LENNAR HOMES OF CALIFORNIA, INC., A CALIFORNIA CORPORATION (hereinafter designated as"principal")have entered into an.agreement whereby principal agrees to install and complete designated public improvements,which said agreement,dated , THE BLUFFS 19 and identified as project TRACT 14355 is hereby referred to and made apart hereof;and WHEREAS,said principal is required under the terms of said agreement to furnish a bond for the faithful performance of Said agreement Now,therefor,we,the principal and THE AMERICAN INSURANCE COMPANY as surety,are held and firmly bound unto the City of Huntington Beach,hereinafter called"City",the penal SUM Of ONE HUNDRED SEVENTY-SIX THOUSAND FIVE HUNDRED dollars($ 176,554.00-------) FIFTY-FOUR AND N01100------------------------ lawful money of the United States,for the paymdnt of which sum well and truly to be made,we bind ourselves,our heirs,successors,executors and administrators,jointly and severally,firmly by these presents. The condition of this obligation it such that if the above bounded principal,his or its heirs, executors,administrators,successors or assigns,shall in all things stand to and abide by,and well and truly keep and perform the covenant,condition and provisions in the said agreement and any alteration thereof made as therein provided,on his or their part,to be kept and performed at the time and in the manner therein specified,and in all respects according to their true intent and meaning,and shall indemnify and save harmless"City",its officers,agents and employees,as therein stipulated,then this obligation shall become null and void;otherwise it shall be and remain in full force and effect As a part of the obligation secured hereby and in addition to the face amount specified therefor,there shall be included costs and reasonable expenses and fees,including reasonable attorney's fees incurred by"City in successfully enforcing such obligation,all to be taxed as costs and included in any judgment rendered. t The surety hereby stipulates and agrees that no charge,extension of time,alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond,and it does hereby waive notice of any change,extension of time,alteration or addition to the terms of the agreement or to the work or to the specifications. In witness whereof,this instrument has been duly executed by the principal and surety above named,on JULY 28 19 99 LENNAR HOMES OF CALIFORNIA, INC. 0 CALIFORNIA COREORATION as Principal By eff Roos, Sr. Vice President By THE AMERICAN INSURANCE COMPANY as Surety By K.R. Viodes, Attorney-in-Fact By G L ,li.i't C�11. Ci1 J AttorneZ Detu�Y City Atturae3G 9`a 7b 2 •� FIREMAN'S FUND INSURANCE COMPANY NATIONAL SURETY CORPORATION ASSOCIATED INDEMNITY CORPORATION THE AMERICAN INSURANCE COMPANY AMERICAN AUTOMOBILE INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW All MEN BY THESE PRESENTS:That FIREMAN'S FUND INSURANCE COMPANY,a California corporation,NATIONAL SURETY CORPORATION, an Illinois corporation, THE AMERICAN INSURANCE COMPANY, a New Jersey corporation redomesticated in Nebraska, ASSOCIATED INDEMNITY CORPORATION, a California corporation, and AMERICAN AUTOMOBILE INSURANCE COMPANY, a Missouri corporation, (herein collectively called "the Companies")does each hereby appoint ROBERT M. ANDERSON, THOMAS C. McCALL, VICTORIA M. CAMPBELL, K. R. VIODES, JANINA MONROE, COSTA MESA CA their true and lawful Amomey(s)-in-Fact,with full power of authority hereby conferred in their'name,place and stead,to execute,seal.acknowledge and deliver any and all bonds,undertakings,recognizances or other written obligations in the nature thereof --"-------------------------------------- and to bind the Companics thereby as fully and to the same extent as if such bonds were signed by the President,sealed with the corporate seals of the Companies and duly attested by the Companics'Secretary,hereby ratifying and confirming all that the said Attomey(s)-in-Fact may do in the premises. This power of attorney is granted under and by the authority of Article VII of the By-laws of FIREMAN'S FUND INSURANCE COMPANY, NATIONAL SURETY CORPORATION, THE AMERICAN INSURANCE COMPANY. ASSOCIATED INDEMNITY CORPORATION and'AMERICAN AUTOMOBILE INSURANCE COMPANY which provisions are now.in full force and effect. This power of attorney is signed and scaled under the authority of the following Resolution adopted by the Board of Directors of FIREMAN'S FUND INSURANCE COMPANY,NATIONAL SURETY CORPORATION,THE AMERICAN INSURANCE COMPANY,ASSOCIATED INDEMNITY CORPORATION and AMERICAN AUTOMOBILE INSURANCE COMPANY at a meeting duly called and held.br by written consent,on the 19th day of March, 1995,and said Resolution has not been amended or repealed: "RESOLVED,that the signature of any Vice-President.Assistant Secretary.and Resident Assistant Secretary of the Companies.and the seal of the Companies maybe affixed or printed on any power of attorney,on any revocation of any power of attorney,or on any certificate relating thereto.by facsimile,and any power of attorney,any revocation of any power of attorney,or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Companies." IN S WHEREOF the Companies have caused thsenLa to be signed by their Yce-President, and their corporatISURPORATION unto affixed this LtS day of anuary el�yy FIREMAN'S F COMPANY •4 •�AN•S �,�,r,YEAi`�q .+^" "'�•., NATIOPORATION • , � � eTHE AMERICOMPANY - OCIATEDPORATION atsAs`: AM RI UTOMO COMPANY = s �#,.•• CEao By VL STATE OF CALIFORNIA I ssCOUNTY OF MARIN ! f j� On this 78 day of T an i i A ry 1 9 9 9 ,before the personally came AT4 JCL D / ' *UA1 to me known. who,being by me duly sworn,did depose and say:that he is a Vice-President of each company,described in and which executed the above instrument;that he knows the seals of the said Companies;that the seals affixed to the said instrument are such company seals;that they were so affixed by order of the Board of Directors of said companies and that he signed his name thereto by like order. IN WITNESS WHEREOF,I h the day and year herein first above written Judy K. Bechtold Comm, #1099437VQ NOTARY PUBLIC-CALIFORNIA SONOMA COUNTY A Comm. Exp.June 2,2000 � ►+d+a Public TE STATE OF CAL]FORNIA Iss. COUNTY OF MARIN I.the undersigned,Resident Assistant Secretary of each company,DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked;and furthermore that Article VII of the By-laws of each company,and the Resolution of the Board of Directors;set forth in the Power of Attorney, are stow in force. Signed and sealed at the County of Maria Dated the 28th day of JULY 1999 yY�"OR,.�'Po ,••trrur,c" tia `(bticMo!'�y %, t11`yLL P!�` ~Gf � e *J •�' ., u Cl ea�a `4,MCE COJ•r „��tou+°�f ResidemAniaa,u r...• SaarLary 360791-II-98 State of California County of Orange On - July 28, 1999 before me, V.M. Campbell, Notary Public , DATE NAME. TITLE OF OFFICER.E.G.,'JANE DOE. NOTARY PUBLIC- personally appeared K. R. Viodes ********* NAME(S) OF SIGNER(S) 0 personally known to me - - ❑ to be the person(o whose name#) ism subscribed to the within instrument and acknowledged to me that J3e/she/d executed the same in bis/her/tom authorized capacity, Gi and that by U/her 'r signatureM on the instrument the V.49.""'roO erson corr��. 1200319 D p (g, or the entity upon behalf of which the person W NOT,p`!PUBLiC-CAU-ORNIA m acted, executed the instrument. N a..1 ORANGE COUPfiY ^' Q Tres Nov.25,21m21 My Comm. WITNESS my hand and official s I. Ch 0 IGNATURE OF IT 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 DATTORNEY-IN-FACT NUMBER OF PAGES ❑TRUSTEE(S) ❑GUARDIAN/CONSERVATOR ❑OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: SIGNER(S) OTHER THAN NAMED ABOVE NAME OF PERSON(S) OR ENTITY(IES) California All-Purpose Acknowledgment State of California ) ss County of Orange ) On July 29, 1999 before me, Dee Baker,Notary Public,personally appeared Jeff Roos personally known to me to be the person whose -- name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacities and that by his signatures on the instrument the person or the entities upon behalf of which the person acted, executed the instrument. Witness my hand and official seal. DEE BAKER Dee Baker,Notary Public �' C.omm�eton•1086001 " My Comm.Esptres Apr 19,2000 Description of Attached Document Title or Type of Document: Faithful Performance Bond Tr, 14355 Bond# 1113346 4286 Document Date: July 28, 1999 Number of Pages: Signer(s) Other Than Named Above: ATTACHMENT 4 7. ", 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: JQY)U A00 6 -10: �eQ /FF / �� Ure S ATTENTION: Q/neS /1/J/J//J N e �V •� o d�0/ a3 VA67�- -zoo DEPARTMENT: Stre��e �Ve k oO,e.� rBet�h , 9�<0 6 REGARDING: l e-f /0�96 City,suite,Zip See Attached Action Agenda Item ly 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: eA� P WO t/ N e D ent RCA ' Agreement Insurance Other ' Name Department RCA Agreement Insurance Other N�`'� Dsygrtment RCA Agreement Insurance Other N e Department/ RCA Agreement Insurance Other. Risk Management Dept. Insurance Received by Name-Company Name-Date G:Followup/Letters/coverttr (Telephone:714-536-5227) Y SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND SEACLIFF VENTURES, L. P. A CALIFORNIA PARTNERSHIP FOR TRACT NO. 14355 TABLE OF CONTENTS Section Page 1 General Improvements...............................................................................................2 2 Arterial Highway Improvement.................................................................................3 3 Guarantee...................................................................................................................3 4 Plant Establishment Work .........................................................................................3 5 Improvement Plan Warranty......................................................................................3 6 No Waiver by City.....................................................................................................4 7 Costs..........................................................................................................................4 8 Surveys......................................................................................................................4 9 Improvement Security.....................................................................................:.........4 10 Indemnification, Defense, Hold Harmless.................................................................6 11 Insurance....................................................................................................................6 12 Non-Perfon'nance and Costs......................................................................................7 13 Record Map...............................................................................................................8 ra SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND SEACLIFF VENTURES, L. P. A CALIFORNIA PARTNERSHIP FOR TRACT NO. 14355 THIS AGREEMENT is entered into this day of. 1999, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY," and SEACLIFF VENTURES, L. P., a California 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. 14355; and .. ... . . .. . Asa 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 Zonft g arid'Subdivision Ordinance. l • S FR Agree:Forms:S ubd i v Rev. 11/3/97/ g/agree/seat l i ff/08/04/99 F' NOW, THEREFORE, in consideration of the promises and agreements of the parties as herein set forth, the parties agree as follows: 1. GENERAL IMPROVEMENTS SUBDIVIDER does hereby agree to-do and perform the following work in said tract: - all conditions of the tract map not completed at the time of the recordation thereof to include, but not limited to, the construction of streets, including excavation, paving, curbs, gutters, sidewalks, trees and landscaping; sewers, including construction of main lines and lot laterals and structures; street lights; street signs; construction of domestic water systems including.the construction-of water mains, services and installation of meters; engineering costs; and any other deposits, fees or conditions as required by CITY ordinance or resolution and as may be required by the City Engineer. All of said work-shall be done and performed in _ accordance with plans,.specifications and-profiles which have been approved by the City Engineer and filed in the office of the City Engineer. All of work shall be done at the-sole cost and expense of SUBDIVIDER. The acceptance of the dedication of said streets, alleys and other improvements, and said work shall be completed on or before two (2) years from the date hereof, unless the tract map conditions require an earlier completion date, and all labor and material bills therefor shall have been paid by SUBDIVIDER. CITY may withhold all occupancy permits i until completion of improvements. 2 SFF:Agree:Forms:Subdiv Rev. 11/3/97/ g/agree/seac 1 i ff/08/04/99 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 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 I 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. 3 SFF:Agree:Forms:Subdiv Rev. 11/3/97/ g/agree/seacliff/08/04/99 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. 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 Seventy Nine Thousand, Three Hundred Twenty One Dollars ($79,321)which is one hundred percent 4 S FR Agree:Forms:S ubd i v Rev. 11/3/97/ g/agree/seac l i ff/08/04/99 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. 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 Forty Thousand Dollars ($40;000)which is approximately 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. .7 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 S FF:Agree:Forms:S ubd iv Rev. 11/3/97/ g/agree/seacl iff/08/04/99 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 insurance coverage which 6 S FF:Agree:Forms:S ubd iv Rev. 11/3/97/ g/agree/seac l i ff/08/04/99 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 mork 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. 7 SFRAgree forms:S ubdiv Rev. 11/3/97/ g/agree/seacli ff/08/04/99 1 , 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,topay 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. I Once action is taken by CITY to complete or maintain the work, SUBDIVIDER agrees to pay all costs incurred by.the CITY, even.if SUBDIVIDER subsequently completes the work. - Should CITY sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work, SUBDIVIDER agrees to pay all-attorney's fees, and all other expenses of litigation incurred by CITY in connection therewith, even if SUBDIVIDER subsequently proceeds to complete the work. 13. RECORD MAP In consideration hereof, CITY shall allow SUBDIVIDER to file and record the Final Map or Parcel Map for said Subdivision. Balance of page intentionally left blank. 8 SFF:Agree:Forms:Subd i v Rev. 11/3/97/ g/agree/seac l i ff/08/04/99 IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. SEACLIFF VENTURES, L. P. a California CITY OF:HUNTINGTON BEACH, a Partnership municipal corporation of the State of /P ew //-/ 51 —,--A jC California Partner C• Mayor print name ATTEST: REVIEWED AND APPROVED: City Clerk �7�to4o J City 19dininistrator APPROVED-AS.TO FO City Attorney INITIATED AND APPROVED: Sys 4 City Engineer LPG 9 S FF:A gree:Forms:S ubd i v Rev. 11/3/97/ g/agree/seac l i ff/08/04/99 I JUL 20 99 01:12PM BRAKKE SCHAFNITZ P�1i ID °` AC R-04 CERTIFICATE OF LIABILITY INSURANC :, 07 0a 99 PRODUCER IS CERTIFICATE IS ISSUED AS A MATTE OF INFORMA ION Hrakke-Sck £nitz ins. Brokers vI/�. /4 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE License #0 28915 Ic2?�[/t 1 Ie No ' HOLDER,THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 28202 Cabot Road, Suite 500... (Poo!/4 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Laguna Nigel CA 92677--1251 Phone: 949-365-5100 Pax:949-347-0067JU1 20 1 99 INSURERS AFFORDING COVERAGE INSURED ro✓�eL by INSURER A. USE' InsuranCe Co an J Xanaino Ina p INSURERB. Fremont Co ensation Ina s Cliff Bluffs C� C°On 8 9 9 hh g / INSURER C: No Dort.8eacho&St.660e #200 INSURERD: ^6 INSURERE: COVERAGES THE POLICIES OF NSJRANCE LISTED 5FLOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREM ,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERYAIN, INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGR ATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN TYP FINSURANCE POLICY NUMBER pTGTI! M LIMITS GENERALU 1L1TY EACH OCCURRENCE $1000000 A X COMMEI IALGENERALLIABILITY SHOLO666 01/26/99 01/26/00 FIRE DAMAGE(Any one ftm) f 50000 CLAMS MADE Fx�OCCUR MED ExP(Any one pe:eon) $5000 X Ownet/font Prot. PERSONAL A ADV INJURY f 1000000 GENERAL AGGREGATE $2000000 CENLAOJORATfiLIMITAPPLIESPER PRObLICTS-COMPlOPAGG f 1000000 POLI PRO- LOC AUTOMOIABILITY COMBINED SINGLE LIMIT S ANY IEa accldonq ALLD AUTOS BODILY INJURY SCHED410AUTOS (Parperson) S HIRED A)ITOS BODILY INJURY NON.OM IEDAUTOS (Peracodenq $ PROPERTY DAMAGE f (PeracCldonq GARAGE LL4ILITY AUTO ONLY-EA ACCIDENT f ANY Auto APPROVED AS TO F RM:: OER THAN EA ACC s AUTTHO ONLY: AGG f EXCESS IJTY 01,1, y EACH OCCURRENCE f OCCUR' CLAIMS MADE AGGREGATE 5 By• s DEDucIBLE De u Y Cif A »le9 s RErEN ON f s WORKERS PENBATION AND X L - R B EMPIOv LIAS TY WN9947654111 01/01/99 01/01/00 E.4IIACHACCIDENT .51000000 E.L.DISEASE-EA EMPLOYE' $1000000 E.L.DISEASE-POLICY UNT I1000000 OTHER DESCRIPTION OF PERArONSILDCATIONSNEHICLESIEXCWSIONSADDED BY ENDORSEVFNT/SPECIAL PROVISIONS The City ,of Huntington Beach its agents, officers and employees are additionE' insureds on the General Liability coverage as their interest appears wiith the named insured. CERTIFICA HOLDER Y I ADDITIONAL INSURED;INSURER LETTER: CANCELLATION CITY OF SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL,04911Ir091119MMAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE ty of Huntington Beach LEFT, 0 Main Street tington Beach CA 92648 Thoma4 W. Farr ACORD 2S /97) " ACORD CORPORATION 1988 YYY July 20, 1999 V F 1, � c/GC AGeC/c MANNING Mr. Bruce P. Crosby yv�Tj�y C �6,1,9 ° 40 Civil Engineer Assistant CTp�TyQ 99 COMPANY City of Huntington Beach a 2000 Main Street Cyr, Huntington Beach, Ca. 92648 'Qz Re: Tract No. 14355 Bond Reduction and Substitution Dear Bruce: Per your letter dated July 2, 1999, enclosed is the following information in order to process our bond reduction and substitution request: 1. Faithful Performance Bond in the amount of $79,321.00; 2. Labor and Materials Bond in the amount,of$39,660.00; 3. Monument Bond in the amount of$12,000; 4. Certificate of Insurance; 5. The following is the name of the person who will be signing the Subdivision Agreement: Seacliff Ventures, L.P. A California Limited Partnership General Partner Newport Hills, Inc. James C. Manning Its President Please call me if you have any questions or need further information. Sin cer y, re Schoeningh po dministrative Assistant cc: Ivan Simovich, PLC ATTACHMENT 5 i, 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: Jl-rl uye q 7ja 000 TO: �P/7nAx JYOMeS ATTENTION: Name Old Al80 O 66A/-5 d r!AL, 1�y. ��oa DEPARTMENT: M16'6/An/ Y/`e!a, 60• 'FA(y g/ REGARDING: ZR/ft% City,State,Zip See Attached Action Agenda Item Date of Approval 9 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: )rV,o -__z ✓ _ - �o✓ias Na /, Departj D ,ent RCA AgreementInsurance j Other / Name Department RCA Agreement Insurance Other Name De artment RCA Agreement Insurance Ot er 6-11ti dee7rl N e Department RCA Agreement Insurance Other Risk Management Dept. Insurance Received by Name-Company Name- Date G:Followup/coverltr 1 Telephone:714-536-5227) SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND LENNAR HOMES OF CALIFORNIA, INC. FOR TRACT NO. 14355 This Agreement ("Agreement") is entered into this (O day of �tt 91W 6 P.R/ 1999, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY," and LENNAR HOMES OF CALIFORNIA, INC., a California corporation, hereinafter referred to as "SUBDIVIDER." RECITALS WHEREAS, SUBDIVIDER is the owner of a tract of land in CITY, which it is seeking to subdivide into lots and to dedicate certain streets, alleys, and other improvements therein to public use, and is about to file with CITY a map of the tract of land known as Tract No. 14355; 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/99agree/tr.14355 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.14355 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, perfon-ning weed, rodent and other pest control and other work determined by CITY'S 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. S. 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, at its sole cost and expense, as are necessary to accomplish the work as promised. i 3 g/jmf/99agree/tr.14355 • r' 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 the relocation of 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-six thousand five hundred fifty-four dollars ($176,554)which is one hundred 4 g/j m f/99agreehr.14355 percent (100%) of the estimated cost of the work. SUBDIVIDER shall present such additional security 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 one(1) year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Labor and Materials: Security in the amount of eighty-eight thousand two hundred seventy-seven dollars ($88,277) which is fifty percent (50%) of the estimated cost of the work. SUBDIVIDER shall present such security 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 5 g/j mf/99agreehr.14355