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Home My WebLink AboutAGMT - Shea Homes Limited Partnership (Subdivision Improvement Agreement)RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Seal Beach 211 Eighth Street Seal Beach, CA 90740 Attention: City Clerk APN: 043-171-02; 043-172-08 & 13 NO FEE REQUIRED PURSUANT TO: Government Code Sections 6103 and 27383 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder 111111 � i 111111111111111111111111111111111111111111101111111 III JI NO FEE 2019000492762 8:42 am111/26119 62 417 Al2 74 0.00 0.00 0.00 0.00 219.00 0.00 0.000.000.00 0.00 [Space above this line for Recorder's Use Only] SUBDIVISION IMPROVEMENT AGREEMENT SUBDIVISION REFERENCE DATA FINAL TRACT MAP NO. 17425 ("Final Map" herein) BASED ON TENTATIVE PARCEL MAP NO. 17425 C' NAME OR TRACT NUMBER OF SUBDIVISION: TRACT 17425 — Ocean Place Subdivision nti. ("Subdivision" herein) % LEGAL DESCRIPTION OF PROPERTY: See Exhibit A — Legal Description of Property (the "Property" herein) NAME AND ADDRESS OF Shea Homes Limited Partnership SUBDIVIDER: 2 Ada, Irvine, CA 92618 CITY COUNCIL RESOLUTION OF APPROVAL NO.: (pg3 ("Resolution of Approval" herein) RECEIVED DEC 11 2019 CIT` fi y,};+, !w r�( CITY OF SEAL jisVj-jCA 1 S7296-0001 \2218863v1.doc IMPROVEMENT PLANS: IMPROVEMENTS: ESTIMATED TOTAL COSTS OF IMPROVEMENTS: FORM OF IMPROVEMENT SECURITY: NAME AND ADDRESS OF SURETY S7296-0001 \2218863v1.doc Lai Rough Grading Plans Tract 17425 — Ocean Place 7/9/18 Retaining Wall Plans Tract 17425 — Ocean Place dated 3/28/18 Precise Grading Plans Tract 17425 — River's End Park dated 6/26/18 Offsite Street Improvement Plans Tract 17425 — Ocean Place dated 8/23/18 Street, Storm Drain, Sewer and Water Improvement Plans Tract 17425 — Ocean Place dated 9/5/18 (hereinafter "Improvement Plans," which include all Subdivision specifications.) See Exhibit B — Schedule of Improvements and Section 1.A below PERFORMANCE PAYMENT WARRANTY $ 2,077,502.80 $ 1,839, 94.88 $n TOTAL: $ 3,917,397.68 (hereinafter "Estimated Total Costs") IXl [X] [l Surety bonds Deposit of money Other: International Fidelity Insurance Company One Newark Center, 20th Floor, Newark, New Jersey, 07102-5207 Westchester Fire Insurance Company 436 Walnut Street, Philadelphia, PA 19106- 3703 c SURETY BOND NUMBERS: Fj Performance Bond No.: 0746182, K13544475, K13544463 Payment Bond No.: K13544475, K13544463 Warranty Bond No.: EFFECTIVE DATE OF AGREEMENT: Nwevvibcv- 1- , 2018 COMPLETION PERIOD: All Improvements of Subdivision shall be completed within two years from the Effective Date of the Agreement (hereinafter, "Completion Period"). ********************** 3 S7296-0001 \2218863v1.doc TABLE OF CONTENTS Page 1. SUBDIVIDER'S OBLIGATION TO CONSTRUCT IMPROVEMENTS .....................1 2. SOILS TESTING AND REPORT............................................................................. 3 3. SPECIFICATIONS FOR IMPROVEMENTS............................................................4 4. INSPECTION OF WORK AND FINAL ACCEPTANCE...........................................4 5. GUARANTEE AND WARRANTY OF THE IMPROVEMENTS ................................ 5 6. TIME EXTENSIONS................................................................................................5 7. IMPROVEMENT SECURITY...................................................................................6 8. REDUCTION OR RELEASE OF IMPROVEMENT SECURITY ............................... 7 9. INDEMNIFICATION OF CITY BY SUBDIVIDER.....................................................9 10. INSURANCE.........................................................................................................10 11. OWNERSHIP OF THE IMPROVEMENTS............................................................16 12. DEFAULT AND BREACH BY SUBDIVIDER AND REMEDIES OF CITY..............17 13. RELATIONSHIP OF THE PARTIES......................................................................18 14. ASSIGNMENT......................................................................................................19 15. NOTICES..............................................................................................................19 16. ENTIRE AGREEMENT.........................................................................................19 17. SEVERABILITY.....................................................................................................20 18. INCORPORATION OF SUBDIVISION REFERENCE DATA AND RECITALS............................................................................................................. 20 19. GOVERNING LAW................................................................................................20 20. COUNTERPARTS.................................................................................................20 21. LIENS....................................................................................................................20 22. EFFECTIVE DATE OF THE AGREEMENT.......................................................... 20 Exhibit A — Legal Description of Property Exhibit B — Schedule of Improvements Exhibit C — Form of Improvement Securities -1- S7296-0001\2218863v1.doc C, J THIS SUBDIVISION IMPROVEMENT AGREEMENT ("Agreement") is made and entered into by and between the City of Seal Beach, a California municipal corporation (the "City"4/and the Subdivider whose name and address is set forth above in the Subdivision Reference Data. RECITALS A. Subdivider has presented to City for approval and recordation a Final Map, identified above in the Subdivision Reference Data, of a proposed subdivision pursuant to the Subdivision Map Act of the State of California and City's ordinances and regulations relating to the filing, approval and recordation of subdivision maps (collectively referred to herein as the "Subdivision Laws"). B. A tentative tract map of the Subdivision was previously approved by City, subject to the Subdivision Laws and to City's standard requirements and conditions of approval contained in the City Council's Resolution of Approval, a copy of which is on file in the Office of the City Clerk and which is incorporated herein by this reference. C. The Subdivision Laws establish, as a condition precedent to the approval of a Final Map, that Subdivider comply with the City Council's Resolution of Approval and either (i) complete, in compliance with City standards, all of the Improvements and land development work required by the Subdivision Laws and the City Council's Resolution of Approval; or (ii) enter into a secured agreement with City to complete the Improvements and land development work within a period of time specified by City. D. In consideration of approval of the Final Map for the Subdivision by the City Council, Subdivider desires to enter into this Agreement whereby Subdivider promises to install and complete, at its sole expense, all Improvements (as defined below) required by City for the proposed Subdivision. Subdivider has secured this Agreement by improvement security required by the Subdivision Laws and approved by City, as set forth herein. E. Improvement Plans, as designated above in the Subdivision Reference Data, for the construction, installation and completion of the improvements identified in Exhibit B hereto, have been prepared by Subdivider, approved by the City Engineer or his/her designee (the "City Engineer"), and are on file in the office of the City Engineer. The Improvement Plans are incorporated herein by this reference. NOW, THEREFORE, in consideration of the approval and recordation by the City Council of the Final Map of the Subdivision, Subdivider and City agree as follows: 1. SUBDIVIDER'S OBLIGATION TO CONSTRUCT IMPROVEMENTS A. Subdivider shall, at its sole cost and expense, and in compliance with the provisions of the Subdivision Laws, the Improvement Plans, all Conditions of the Resolution of Approval, and all applicable City standards and fees, and in a good and workmanlike fashion, furnish, construct, install and guarantee and warranty (as set forth in Section 5 of this Agreement) the Improvements generally described in Exhibit B and more specifically described in the tentative map and in the City Council's Resolution of Approval relating thereto (collectively, the "Improvements"). -2- S7296-0001 \2218863v1.doc B. To the extent necessary to construct the Improvements, as determined by the City Engineer, Subdivider shall acquire and dedicate, or pay the cost of acquisition by City of, all rights-of-way, easements and other interests in real property for the construction or installation of the Improvements, free and clear of all liens and encumbrances. Subdivider's obligations with regard to the acquisition by City of off-site rights-of-way, easements and other interests in real property, if any, shall be subject to a separate agreement between Subdivider and City. C. Subject to any time extensions granted in accordance with Section 6 of this Agreement, Subdivider shall complete all Improvements within the Completion Period specified in the Subdivision Reference Data; provided, however, that if the City Engineer reasonably determines in good faith that accelerated construction of the Improvements is essential in order to protect the public health, welfare and safety, the City Engineer shall give Subdivider not less than 15 business days' prior written notice to commence or accelerate installation and construction of such Improvements, or any portion thereof. The notice shall describe the work to be done by Subdivider, the time within which the work will commence, the period within which the work will be completed, and the reasons that such early commencement is essential in order to protect the public health, welfare and safety. All or any portions of the Improvements may be required to be commenced and/or completed at a specified time, providing the foregoing criteria are met. If Subdivider objects to acceleration of the schedule as specified by the City Engineer, Subdivider may appeal the decision of the City Engineer to the City Council. Any such appeal shall be filed with the City Clerk within ten days after the effective date of the written notice from the City Engineer. D. If the Improvements to be constructed by Subdivider include monumentation, such monumentation shall be installed not later than 30 days after City's acceptance of all other Improvements pursuant to Section 4 of this Agreement. As used herein, "monumentation" shall mean the setting of survey monuments and tie points in accordance with the Subdivision Laws, and the delivery to the City Engineer of tie notes for those points. E. Subdivider shall, at its sole expense, replace or repair all public improvements, public property, public utility facilities, and surveying or subdivision monuments which are destroyed or damaged as a result of any work under this Agreement or any work related to the Subdivision. Any such replacement or repair shall be subject to the approval of the City Engineer. F. In addition to, and separate from, the indemnity obligations contained in Section 9 of this Agreement, and without limiting City's remedies under general construction defect law, Subdivider shall be responsible for the care, repair and maintenance of the Improvements, and shall bear all risks of loss or damage to the Improvements, until the later of the following time periods: (i) the category of Improvements as set forth on Exhibit B is accepted by City; or (ii) the expiration of the required one-year Guarantee and Warranty Period as specified herein; or (iii) the expiration of any applicable period of time specified in any other agreement or obligation imposed on Subdivider regarding Subdivider's obligation to maintain the Improvements. Neither City, nor its officers, officials, employees, agents or volunteers, shall have any liability for any accident, loss or damage to the Improvements prior to their completion and acceptance by City. -3- S7296-0001 \2218863x1. doc G. [Reserved.] H. Until such time as the City accepts the Improvements, Subdivider shall, at its sole expense, obtain all necessary permits and licenses for the construction and installation of the Improvements, give all necessary notices, and pay all taxes required by law. Additionally, Subdivider shall pay all fees and costs required by City's ordinance or resolution, as set forth in the applicable fee ordinance or resolution as adopted by the City Council from time to time, and required for the development of the Subdivision, including but not limited to, building permit fees, final map filing fee, final map plan check fees, final map monumentation fees, grading permit fees, plan check and review fees, encroachment permit fees, and inspection fees. I. Not less than 15 days prior to commencement of work on the Improvements, Subdivider shall give written notice to the City Engineer of the date fixed for such commencement of work so that the City Engineer shall have adequate time to schedule all necessary inspections. J. Subdivider shall provide City with final Record Drawings of all plans developed for the Subdivision, showing all changes and as built conditions as specified in the Resolution of Approval prior to the acceptance of Improvements and release of bonds or other security. 2. SOILS TESTING AND REPORT A. In the event the City Engineer determines that soil testing is required for the Improvements, Subdivider shall employ and pay for a Soils Engineer acceptable to the City Engineer; and the Soils Engineer shall perform materials testing, construction control testing, interpretation of test results, and design for the Improvements in accordance with the requirements set forth in the Improvement Plans, and to the extent applicable, the Standard Specifications for Public Works Construction, 2018 (popularly known as, and hereinafter, the "Greenbook"), as approved by City. B. The Soils Engineer shall provide City the reports containing the results of the testing, the interpretation of the results and the Improvements design done in connection with the Improvement Plans and this Agreement. With the last report filed, the Soils Engineer shall include a certificate that the testing, interpretation, and design have been done properly in accordance with the applicable provisions of the Greenbook, as approved by City, and good engineering practices. All reports and the certificates shall be mailed or delivered to City. C. The street portion of the Improvements shall be constructed in accordance with the pavement design, and any modification thereto, that is approved by the City Engineer. 3. SPECIFICATIONS FOR IMPROVEMENTS Subdivider shall construct, at Subdivider's own expense, all of the Improvements in compliance with the drawings, plans and specifications set forth below, which drawings, plans and specifications are incorporated herein by this reference and made a part of this -4- S7296-0001 \2218863v1.doc O Agreement as though set forth at length herein: Improvement Plans, as designated above in the Subdivision Reference Data, on file in the office of the City Engineer. Consistent with the offers of dedication shown on the Final Map, Subdivider irrevocably offers the public Improvements within the City right-of-way and City property, to City for public use. 4. INSPECTION OF WORK AND FINAL ACCEPTANCE A. Subdivider shall, at all times, maintain proper facilities and safe access for inspection of the Improvements by the City Engineer and other City personnel and inspection consultants. B. Upon completion of the work on all of the Improvements specified in Exhibit B, Subdivider may request, in the form of a written letter, a final inspection by the City Engineer. Within 45 days of receipt of the written letter request, the City Engineer shall inspect the Improvements and provide written notice to Subdivider of the list of items which have been found to be incomplete and the list of items which have been found to be complete. If the City Engineer determines in good faith that all of the Improvements have been completed in accordance with this Agreement and in compliance with the Improvement Plans and all applicable City standards, then the City Engineer shall certify that determination in a report to the City Council. If the Improvements that are completed are to be dedicated to or owned by City, the City Engineer's certification shall be submitted to the City Council for final acceptance by City, unless such power to accept has been delegated by the City Council to the City Engineer or some other official of City, in which case the final acceptance shall be subject to the approval of that specified official. If the Improvements that are completed are to be dedicated to or owned by a public entity other than City, Subdivider's written request shall be submitted to the applicable public entity or other owner, for final acceptance. Subdivider shall bear all costs of inspection and certification for completeness in accordance with City's formally adopted fees and rates. C. Acceptance of all of public Improvements by the City Council (or other specified official) shall be made upon recommendation and certification of the City Engineer following inspection of the public Improvements pursuant to Subsection B above. The City Council (or other specified official) shall act upon the City Engineer's recommendation that such public Improvements have been completed within 30 days following certification by the City Engineer. Acceptance by the City Council (or other specified official) of the Improvements, or by the governing body of the entity that is to accept dedication or ownership of all or part of the Improvements, shall not constitute a waiver by City or such other public entity of any defects in the Improvements. 5. GUARANTEE AND WARRANTY OF THE IMPROVEMENTS A. Within the period commencing on the date all of the Improvements are accepted by City and ending one year later (the "Guarantee and Warranty Period"), if any Improvements or part of any Improvements furnished, installed or constructed by Subdivider, any of the materials comprising the Improvements, or any of the work performed under this Agreement, fails to comply with any requirements of this Agreement, or the Subdivision Laws, or the Improvement Plans, Subdivider shall, without delay and -5- S7296-0001 \2218863v 1.doc without cost to City, repair, replace or reconstruct any defective part or parts of the Improvements. This Guarantee and Warranty Period on behalf of Subdivider shall be separate from and in addition to the Improvement Security defined and described in Section 7.A.3 of this Agreement. B. Should Subdivider fail or refuse to act promptly or in accordance with Subsection 5.A above after written notice from City, or should the exigencies of the situation require repair, replacement, or reconstruction to be undertaken before Subdivider can be notified and can perform the necessary work, then City may, in its discretion, make the necessary repairs or replacements or perform the necessary reconstruction. City shall provide a bill to Subdivider of the total costs of such repair, replacement, or reconstruction, and Subdivider shall immediately reimburse City for those total costs. If Subdivider does not promptly pay the total costs incurred, City may opt to tender on Subdivider's Improvement Securities as defined in Subsection 7.A, and/or take any other lawful actions to recover any nonpayment or deficiency. 6. TIME EXTENSIONS A. Upon a showing by Subdivider of good cause, the duration of the Completion Period for any or all of the Improvements may be extended by the City Engineer. As used herein, "good cause" may include, without limitation: delay resulting from acts of God or force majeure, strikes, boycotts or similar job actions by employees or labor organizations which prevent the conduct of the work; acts or failure to act by the California Coastal Commission, including any order thereof; findings made by a governmental entity that the site of a particular Improvement is of archeological significance; actions or failure to act by the native American monitors(s); and the order of any court or City. B. A time extension may be granted without notice to any surety or sureties of Subdivider and shall not affect the validity of this Agreement nor release the surety or sureties on any bond given as an Improvement Security pursuant to this Agreement. C. As a condition of any time extension provided for herein, the City Engineer may require Subdivider to furnish a new or modified Improvement Security guaranteeing performance of this Agreement, as extended, in an increased amount as necessary to compensate for any projected increase in the Estimated Total Costs, as determined by the City Engineer. 7. IMPROVEMENT SECURITY A. Prior to City's execution of this Agreement, Subdivider shall provide as security to City the following (collectively, "Improvement Securities" and individually, an "Improvement Security"): 1. For Performance: Performance Security in an amount equal to one hundred percent (100%) of the Estimated Total Costs, as set forth in the Subdivision Reference Data. With this Performance Security, Subdivider assures faithful performance -6- S7296-0001 \2218863v1.doc under this Agreement, as demonstrated by City's acceptance, in accordance with the Resolution of Approval and Improvement Plans. 2. For Payment: Payment Security in an amount equal to one hundred percent (100%) of the Estimated Total Costs, as set forth in the Subdivision Reference Data. With this Payment Security, Subdivider guarantees payment to all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of this Agreement and referred to in Part 6 (commencing with Section 8000) of Division 4 of the California Civil Code. 3. For Warranty: Warranty Security in an amount equal to one hundred percent (100%) of the Estimated Total Costs, as set forth in the Subdivision Reference Data, must be provided before final completion and the acceptance of any category of Improvements by City. With this Warranty Security, Subdivider guarantees the Improvements during the Guaranty and Warranty Period, against any defective workmanship or materials or any unsatisfactory performance, pursuant to Section 5 hereof. B. Each Improvement Security shall be a bond issued by a California admitted surety insurer or insurers having an Best's Insurance Guide rating of "A" or "AX in substantially the form set forth in Exhibit C, attached to this Agreement and incorporated by this reference, and shall be subject to the approval and acceptance by the City Attorney and the City Council. If, in the opinion of City, any surety or sureties thereon (i) become insolvent or liquidated, or any bond cannot be tendered upon for the full penal sum for any reason; (ii) the surety's bond rating is downgraded; (iii) the surety declares bankruptcy; or (iv) the surety is no longer deemed to be an admitted surety in California by the California Department of Insurance, Subdivider shall renew or replace any such surety bond with a valid surety bond from a solvent surety or sureties in the amount of the full penal sum within 30 days after receiving from City written demand therefor. C. Each Improvement Security shall be kept on file with the City Clerk. If a surety bond is replaced by another approved bond, Subdivider shall submit the replacement bond to the City Clerk; and upon acceptance by the City Attorney, the replacement Improvement Security shall be deemed to have been made a part of and incorporated into this Agreement. Upon approval by the City Attorney of a replacement bond, the former Improvement Security shall be released. D. Subdivider shall automatically increase the amount of each Improvement Security by an amount equal to ten percent (10%) of the deposited security every year, subject to the provision that the City Engineer may at any time determine that a greater increase in the amount of the Improvement Security is necessary due to a greater increase in the cost of construction of the Improvements or any of them. In such event, Subdivider shall provide the additional Improvement Security within 30 days after receiving demand and justification therefor. E. Modifications of the Improvement Plans and the Improvements, not exceeding ten percent (10%) of the original Estimated Total Costs, shall not relieve or release any Improvement Security furnished by Subdivider pursuant to this Agreement. If any such modifications exceed ten percent (10%) of the Estimated Total Costs, Subdivider shall furnish additional Improvement Securities for performance, payment, and guarantee -7- S7296-0001 \2218863v1.doc as required by Subsection A above, for one hundred percent (100%) of the revised Estimated Total Cost of the Improvements. Alternatively, Subdivider may provide official notice from the surety company that it acknowledges receipt of the modified Improvement Plans and that the existing bonds have been amended to reflect the new penal sum, which shall be in the amount of the revised Estimated Total Costs, and that the existing bonds shall therefore apply to warrant the Project as revised. F. All Improvements shall be completed within the Completion Period listed in the Subdivision Reference Data. Subject to any time extensions granted in accordance with Section 6 herein and any and all cure rights set forth in this Agreement, if Subdivider has not completed the Improvements within this specified time, Subdivider shall be in default. G. In the event of a default by Subdivider pursuant to Section 12, and after written notice to Subdivider and reasonable opportunity to cure, City, at its sole option, shall have the right, without limiting any other rights and remedies available to City at law or in equity, to draw upon or utilize any or all Improvement Securities furnished herewith to construct and install the Improvements itself. 8. REDUCTION OR RELEASE OF IMPROVEMENT SECURITY A. Performance Security shall be released in full upon the occurrence of both of the following: 1. All "Public Improvements" (Improvements that are to be owned or dedicated to City or other public entity as distinguished from those owned by individual property owners or a private community association) shall be first completed, certified completed by the City Engineer and then accepted as complete by the City Council. 2. All private Improvements (Improvements that are to be owned by individual property owners or a private community association and not dedicated or owned by City or other public entity) shall be first completed and then certified as complete by the City Engineer. B. Partial releases or reductions in Subdivider's Performance Security may be authorized prior to City's acceptance of all Improvements required hereunder, as follows: 1. At the time that Subdivider believes that the obligation to perform the work for which security was required is complete, Subdivider may notify City in writing of the completed work, including a list of work completed. Upon receipt of the written notice, the City Engineer shall review and comment or approve the completion of the required work within 45 days. If the City Engineer does not agree that all work has been completed in accordance with the plans and specifications for the Improvements, the City Engineer shall supply a list of all remaining work to be completed within this 45 -day period. 2. Within 45 days of receipt of the list of remaining work from the City Engineer, Subdivider may then provide cost estimates for all remaining work for review and approval by the City Engineer. Upon receipt of the cost estimates, the City Engineer -8- S7296-000112218863v 1. doc IQ 0 shall then have 45 days to review, comment, and approve, modify, or disapprove those cost estimates. City shall not be required to engage in this process of partial release more than once between the start of work and completion and acceptance of all work; however, nothing in this Section prohibits City from allowing for a partial release as the City Engineer otherwise deems appropriate. 3. If the City Engineer approves the cost estimate, the City Engineer shall release all Performance Security except for security in an amount up to two hundred percent (200°/x) of the cost estimate of the remaining work. The process allowing for a partial release of Performance Security shall occur when the cost estimate of the remaining work does not exceed twenty percent (20%) of the total original Performance Security unless the City Engineer allows for a release at an earlier time. Substitute bonds or other security may be used as a replacement for the Performance Security, subject to the approval of the City Engineer. If substitute bonds or other security is used as a replacement for the Performance Security released, the release shall not be effective unless and until the City Engineer receives and approves that form of replacement security. A reduction in the Performance Security, authorized under this Section, is not, and shall not be deemed to be, an acceptance by City of the completed improvements, and the risk of loss or damage to the Improvements and the obligation to maintain the Improvements shall remain the sole responsibility of Subdivider until all required Public Improvements have been accepted by City and all other required Improvements have been fully completed in accordance with the plans and specifications for the Improvements. 4. Subdivider shall complete the Improvements until all items are accepted by City. 5. Upon the completion of the work on all of the Improvements specified in Exhibit B, Subdivider, or his or her assigns, shall request in writing a final inspection in accordance with Subsection 4.13, and within 45 days of the City Engineer's certification that the project is complete, the release of any remaining performance security shall be placed upon the agenda of the City Council for approval of the release of any remaining performance security. C. Payment Security shall, after passage of the time within which claims of lien are required to be recorded pursuant to Part 6 (commencing with Section 8000) of Division 4 of the California Civil Code and after acceptance of the work, be reduced to an amount equal to the total claimed by all claimants for whom claims of lien have been recorded and notice thereof given in writing to the City Council; and if no claims have been recorded, the security shall be released in full. D. The partial release provisions of this Section shall not apply to any required guarantee and warranty period required by California Government Code Section 66499.9 for the guarantee or warranty nor to the amount of the Warranty Security deemed necessary by City for the guarantee and warranty period nor to costs and reasonable expenses and fees, including reasonable attorneys' fees. Security furnished to guarantee and warrant the Improvements against any defective work or labor done or defective materials furnished, shall be released within 60 days after the completion of the one-year period following completion and acceptance of all Improvements. -9- S7296-000112218863v1.doc G G� E. If Subdivider's obligations relating to any Improvements are subject to the approval of another governmental agency, City shall not release the Improvement Performance Security therefor until the obligations are performed to the satisfaction of such other governmental agency. Such agency shall have two months after Subdivider's performance of the obligation to register its satisfaction or dissatisfaction. If at the end of that period it has not registered its satisfaction or dissatisfaction, it shall be conclusively deemed that Subdivider's performance of the obligation was done to its satisfaction, and such Improvement Security shall be promptly released. F. In the event the time periods for action by City or other governmental agency specified in this Section conflict with a shorter or longer time period for such actions as provided in California Government Code Section 66499.7 or 66499.8, the time periods in Government Code Sections 66499.7 and 66499.8 shall control. 9. INDEMNIFICATION OF CITY BY SUBDIVIDER A. Neither City, nor its officers, officials, employees, agents and volunteers (collectively, "City Personnel"), shall be liable or responsible for any accident, injury, loss or damage to either property or person attributable to or arising out of the construction, functionality, installation, assembly or improper maintenance, including, without limitation, the use of defective or inferior methods, materials, workmanship, or design (collectively, "Subdivider's Faults"), of the Improvements by Subdivider, its officers, employees, contractors, subcontractors and agents. Subdivider shall indemnify, hold harmless and defend City and City Personnel from and against any and all losses, claims, costs, expenses, liabilities, damages, actions, causes of action and judgments, including attorneys' fees, to the extent arising directly or indirectly out of or attributable to Subdivider's Faults, including Subdivider's acts or failure to act. B. Subdivider's obligations under this Section are not conditioned or dependent upon whether City, or City Personnel, prepared, supplied or reviewed any Improvement Plans in connection with the Subdivision or the Improvements, or has insurance or other indemnification covering any of these matters. C. Subdivider's obligation to indemnify, hold harmless and defend City and City Personnel shall extend to injuries to persons and damages to or alleged taking of property resulting from Subdivider's Faults, including without limitation, design or construction of the Subdivision, and the Improvements required herein, and shall likewise extend to claims asserted by adjacent property owners based upon the diversion of waters caused by Subdivider's design or construction of Improvements. Except for a City Directive as defined below, City's acceptance of the Improvements shall not constitute an assumption by City of any responsibility or liability for any damage or alleged taking of property referenced herein. City shall not be responsible or liable for the design or construction of the Subdivision or the Improvements constructed or installed pursuant to the approved Improvement Plans or the Final Map, regardless of any act or omission by City in approving the Improvement Plans or the Final Map, unless the particular Improvement design was required by City over the written objection of Subdivider, which objection stated that the Improvements design was potentially dangerous or defective and set forth an alternative design (a "City Directive"). During the Guarantee and Warranty Period, Subdivider shall remain obligated to correct or eliminate all dangerous conditions created by defects in -10- S7296-0001\2218863v1.doc design or construction or Subdivider's Faults (other than those required by a City Directive). Subdivider's indemnity obligations hereunder shall remain in effect for ten years following acceptance of the respective Improvement(s) by the City Council. Subdivider acknowledges and agrees that Subdivider shall be responsible and liable for Subdivider's Faults with respect to the Improvements and other work done pursuant to this Agreement, unless the same is due to a City Directive. City shall not be liable for any acts or omissions in approving, reviewing, checking, correcting or modifying any Improvement Plans, or in inspecting, reviewing or approving any work or construction of Improvements, unless the same is due to a City Directive. Subdivider's Improvement Security shall not be required to secure Subdivider's obligations under this Subsection C beyond the one-year Guarantee and Warranty Period specified in Subsection 7.A.3 of this Agreement. D. Subdivider shall pay and satisfy any judgment, award or decree that may be rendered against City and City Personnel to the extent of the indemnity provided above, in any such suit, action, or other legal proceeding, provided City gives Subdivider prompt written notice of such claim. E. Subdivider's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by City and City Personnel. F. Subdivider, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against City and City Personnel to the extent of the indemnity above provided. 10. INSURANCE A. The following coverages shall be obtained and maintained by Subdivider on behalf of City and in accordance with the requirements set forth herein. If Subdivider performs construction activities through a general contractor, some or all of these insurance requirements for the period of construction may be satisfied by the general contractor's insurance coverages. In such case, Subdivider shall maintain during this same construction period, and after the construction period, the coverages shown below as "Insurance After Construction." In addition, Subdivider may elect to obtain, for all or any portion of the Project, an "Owner -Controlled Wrap Up" insurance policy in satisfaction of the insurance requirements for general contractors and subcontractors provided it satisfies all of the insurance requirements below for general contractors and subcontractors. Throughout these specifications, the word "Subdivider" refers to the party responsible to provide the coverages as specified and, depending on context, may refer either to Subdivider or to a separate general contractor. Subdivider may satisfy insurance requirements contained herein by Subdivider's master insurance policies covering other operations and locations. B. Insurance During Construction Subdivider shall obtain and maintain the following insurance during construction of the Improvements. Insurance requirements may be met through insurance provided by Subdivider's General Contractor: S7296-0001 \221 88 6 3 v 1. d oc C; J Commercial General Liability Insurance Commercial General Liability Insurance (primary) shall be provided on Insurance Services Offices ("ISO") ISO -CGL Form No. CG 00 01 or equivalent coverage, including provisions for defense of additional insureds. Policy limits shall be no less than $1,000,000 per occurrence for all coverages and $2,000,000 general aggregate. City and City Personnel shall be added as additional insureds using ISO Form CG 20 10 11 85, or other revision of the CG 20 10 form if available from the insurer and reasonably acceptable to City, not limiting coverage for the additional insured to "ongoing operations" or in any way excluding coverage for completed operations. Coverage shall apply on a primary non-contributing basis in relation to any other insurance or self-insurance, primary or excess, available to City or any City Personnel. Coverage shall not be limited to the vicarious liability or supervisory role of any additional insured. Subdivider will carry a separate contractor's pollution liability policy and name City as an additional insured; policy limits shall be no less than $1,000,000 per occurrence and $2,000,000 general aggregate. . 2. Umbrella Liability Insurance Umbrella Liability Insurance (or, at Subdivider's election, Excess Liability Insurance) (over primary) shall apply to bodily injury/property damage, personal injury/advertising injury, at a minimum. Coverage shall be at least as broad as any underlying coverage. There shall be no cross liability exclusion and no contractor's limitation endorsement. Policy limits shall be not less than $5,000,000 per occurrence and in the aggregate, including any limits required in the underlying policies. The policy shall have a starting date no later than and an ending date no earlier than those of the underlying coverages. The Named Insured (Subdivider or general contractor as appropriate) may determine the layering of primary and excess liability insurance provided that if such layering differs from that described here, the actual coverage program meets the minimum total required limits and complies with all other requirements listed here. 3. Business Auto Coverage Business Auto Coverage shall be written on ISO Business Auto Coverage Form CA 00 01 or the equivalent, including symbol (1) (any Auto). If Subdivider (or general contractor) does not own any vehicles, this requirement may be satisfied by a non -owned vehicle endorsement to the general and umbrella liability policies. Limits shall be no less than $1,000,000 per accident. This policy shall be scheduled as underlying insurance to the umbrella policy required above for a total limit of no less than $5,000,000 each accident. 4. Workers' Compensation/Employer's Liabilitv Workers' Compensation/Employer's Liability shall provide workers' compensation statutory benefits as required by law. Employer's liability limits shall be no less than one million dollars ($1,000,000) per accident or disease. Employer's liability coverage shall be scheduled under the umbrella or excess liability policy described above. This policy shall be endorsed to waive any right of subrogation with respect to City, its officers, employees or agents. -12- S7296-0001 \2218863v1.doc 5. Builder's Risk Insurance Builder's Risk Insurance covering all real and personal property for "all risks" of loss or "comprehensive perils" coverage including flood for all Improvements. C. Insurance After Construction Upon completion of construction of the Improvements, and for the required Warranty Period specified in Section 5 of this Agreement (unless such longer period of time is specified herein), Subdivider at Subdivider's expense shall obtain and maintain or cause to be maintained the following insurance: Commercial Property Insurance Commercial Property Insurance covering the Improvements. Coverage shall be at least as broad as the ISO broad causes of loss form CP 10 20, and reasonably approved of in writing by City. Coverage shall be sufficient to insure one hundred percent (100%) of the replacement value, and there shall be no coinsurance provisions. The policy shall include an inflation guard endorsement, contents coverage, coverage for personal property of others, ordinance or law and increased cost of construction coverage. Subdivider also agrees to provide builder's all-risk insurance using the broadest form available. This requirement may be satisfied through a combination Builders' Risk and Property Insurance master policy at Subdivider's option. 2. Commercial General Liability Insurance Commercial General Liability Insurance (primary) shall be provided on ISO -CGL form No. CG 00 01 or equivalent coverage, including provisions for defense of additional insureds. Policy limits shall be no less than ($1,000,000) per occurrence for all coverages and $2,000,000 general aggregate. City and City Personnel shall be added as additional insureds using ISO Form CG 20 10 11 85, or other revision of the CG 20 10 form if available from the insurer and reasonably acceptable to City, not limiting coverage for the additional insured to "ongoing operations" or in any way excluding coverage for completed operations. Coverage shall apply on a primary non-contributing basis in relation to any other insurance or self-insurance, primary or excess, available to City or any City Personnel. 3. Umbrella Liability Insurance Umbrella Liability Insurance (or, at Subdivider's election, Excess Liability Insurance) (over primary) shall apply to bodily injury/property damage, personal injury/advertising injury, at a minimum. Coverage shall be at least as broad as any underlying coverage. Coverage shall be provided on a "pay on behalf' basis. There shall be no cross liability exclusion. Policy limits shall be not less than $5,000,000 per occurrence and in the aggregate, including any limits required in the underlying policies. The policy shall have a starting date no later than and an ending date no earlier than those of the underlying coverages. Subdivider may determine the layering of primary and excess liability insurance provided that if such layering differs from that described here, the actual coverage program meets the minimum total required limits. -13- S7296-0001 \221 13- S7296 -00011221 8 8 6 3v 1. d oc 4. Workers' Compensation Insurance Workers' Compensation/Employer's Liability shall provide workers' compensation statutory benefits as required by law. Employer's liability limits shall be no less than $1,000,000 per accident or disease. Employer's liability coverage shall be scheduled under any umbrella or excess liability policy described above. Unless otherwise agreed, this policy shall be endorsed to waive any right of subrogation as respects City, its employees or agents. 5. Business Auto Coverage Business Auto Coverage for vehicles owned, operated or maintained in any way connected with the project, shall be written on ISO Business Auto Coverage form CA 00 01 or the equivalent, including symbol (1) (any Auto). If Subdivider (or general contractor) does not own any vehicles, this requirement may be satisfied by a non -owned vehicle endorsement to the general and umbrella liability policies. Limits shall be no less than one million dollars ($1,000,000) per accident. This policy shall be scheduled as underlying insurance to the umbrella or excess liability policy required above for a total limit of no less than $5,000,000 each accident. D. Provisions Pertaining to Insurance Provided by Subdivider 1. All insurance coverage and limits provided pursuant to this Agreement shall apply to the full extent of the policies involved, available or applicable. Nothing contained in this Agreement or any other agreement relating to City or its operations limits the application of such insurance coverage. 2. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only and is not intended by any party to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. 3. All general or auto liability insurance coverage provided pursuant to this Agreement, or any other agreements pertaining to the performance of this Agreement, shall not prohibit Subdivider, and Subdivider's employees, or agents, from waiving the right of subrogation prior to a loss. Subdivider waives its right of subrogation against City. 4. None of the policies required herein shall be in compliance with these requirements if they include any limiting endorsement that has not been first submitted to City and approved in writing by City. 5. Unless otherwise approved by City, Subdivider's insurance and insurance provided by any contractor or subcontractor relating to the construction of the Improvements shall be written by insurers authorized to do business in the State of California and with a minimum A.M. Best Insurance Guide rating of at least "A -:VII." Self- insurance will not comply with these insurance specifications unless expressly approved in writing by City. -14- S7296-0001 \2218863v 1. doc 6. In the event any policy of insurance required under this Agreement does not comply with these requirements and Subdivider does not cure the non- compliance within 30 days after written notice from City (or Subdivider does not provide reasonable evidence of such cure within such period), or if the insurance is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Subdivider. 7. Subdivider agrees to provide evidence of the insurance required herein, satisfactory to City, consisting of certificate(s) of insurance evidencing all of the coverages required and an additional insured endorsement to Subdivider's general liability policies using ISO Form CG 20 10 11 85 or other revision of the CG 20 10 form if available from the insurer and reasonably acceptable to City. Certificate(s) are to reflect that the insurer will provide 30 days' notice of any cancellation of coverage and policies are to have a "cancellation endorsement" to the same effect. Subdivider agrees to provide complete copies of all required insurance policies, including without limitation, any endorsements modifying coverage in any way, upon request from City. 8. Subdivider shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such evidence shall be in the form of a certificate of insurance. 9. Any actual or alleged failure on the part of City or any other additional insured under these requirements to obtain proof of insurance required under this Agreement in no way waives any right or remedy of City or any additional insured, in this or any other regard. 10. Subdivider agrees to require all subcontractors or other parties (but not including a general contractor) hired for this project to construct the Improvements to purchase and maintain insurance for general liability (minimum limit $1,000,000 per occurrence), automobile liability ($1,000,000 per accident) and workers' compensation (statutory benefits). The requirement for general liability may be satisfied by Subdivider through the procurement of an OCIP policies covering some or all of the subcontractors. Prior to the issuance of the Certificate of Completion for each Phase, Subdivider shall, upon request by City, provide City with copies of all insurance policies, certificates and endorsements related to such Phase. 11. Subdivider agrees to monitor and review all coverage required by this Section and assumes all responsibility for ensuring that such coverage is provided as required here. Subdivider agrees to obtain certificates evidencing such coverage. Subdivider agrees that upon request, all certificates of insurance obtained in compliance with this Section will be submitted to City for review upon request by City. Failure of City to request copies of such documents will not impose any liability on City, or its employees. 12. Subdivider agrees neither it nor any general contractor or subcontractor in connection with construction of the Improvements shall have the right to charge back to City the cost of insurance required by this Agreement. -15- S7296-000112218863v1 doc 13. Where appropriate (such as in the case of automobile insurance coverages), coverage will not be limited to the specific location designated as the Property. 14. Subdivider agrees to provide notice to City of any claim or loss against Subdivider that includes City as a defendant promptly after Subdivider receives written notice or obtains knowledge thereof. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. City agrees to provide similar notice to Subdivider of any such claims it is notified of respecting the Property. 15. Subdivider agrees not to attempt to avoid its defense and indemnity obligations to City, and City Personnel by using as a defense Subdivider's statutory immunity under workers' compensation and similar statutes. 16. Subdivider agrees to ensure that coverage provided to meet these requirements is applicable separately to each insured and that there will be no cross liability exclusions that preclude coverage for suits between Subdivider and City or between City and any other insured or Named Insured under the policy, or between City and any Party associated with City or its employees. 17. If Subdivider or any contractor or subcontractor is a limited liability company, general liability coverage must apply so that the limited liability company and its managers, members, affiliates, and their employees are insureds. 18. Subdivider shall require the general contractor to maintain commercial general liability, and if necessary, commercial umbrella liability insurance with a limit of not less than $5,000,000 for each occurrence, until the Guarantee and Warranty Period specified in this Agreement expires. 19. Subdivider agrees to obtain and provide to City evidence of professional liability coverage for Architects, Engineers or other design professionals working on the Improvements. The limit of liability required shall in no event to be less than $1,000,000 per claim and in the aggregate; and Subdivider shall use reasonable efforts to require and cause such professionals to maintain such coverage with respect to each occurrence for at least three years following substantial completion of the work and, in the event Subdivider is unable to do so, Subdivider shall promptly inform City of the scope of such efforts and the reasons that it was unable to do so. If Subdivider requests that City approve a lower limit for any particular design professional Subdivider seeks to employ on the Improvements, City will evaluate each such request based on City's perception of liability exposure associated with the work that would be performed by that design professional. 20. To the extent a particular coverage or policy form or specification is not reasonably available from Subdivider's insurer or would result in an additional premium that is extraordinary or unreasonably disproportionate to the premium for the policy as a whole, then Subdivider shall provide substantially similar coverage reasonably acceptable to City for which the cost is not extraordinary or unreasonably disproportionate. -16- S7296-0001 \2218863v 1.doc 11. OWNERSHIP OF THE IMPROVEMENTS A. Ownership of all or any category of the Improvements constructed and installed by Subdivider pursuant to this Agreement and shown on the Map to be dedicated to the public shall vest, as applicable, in the City (or other specified governmental agency) upon acceptance of the Improvements by the City Council (or other specified governmental agency). The acceptance of the Improvements shall either be shown by a certificate on the Final Map or by subsequent resolution accepting the Improvements adopted by the City Council pursuant to Government Code Section 66477.2 and recorded with the County Recorder. B. Subdivider shall at all times prior to the acceptance of the Improvements by City, give good and adequate warning to the public of each and every dangerous and defective condition caused by the construction of the Improvements and shall take all steps necessary to protect the public from such dangerous or defective conditions. Subdivider agrees and understands that until acceptance of the Improvements by City, each Improvement that is offered for dedication shall be under the charge of Subdivider; and Subdivider may close all or a portion of any street or area whenever necessary to protect the public during the construction of the Improvements. 12. DEFAULT AND BREACH BY SUBDIVIDER AND REMEDIES OF CITY A. Upon the occurrence of any of the following events, Subdivider shall be deemed to be in default under this Agreement: 1. Subject to any time extensions granted in accordance with Section 6 of this Agreement or any other applicable cure period, failure to complete construction and installation of the Improvements or any of them by the Completion Date; 2. Failure to promptly correct or cure any defect in the Improvements or any of them (other than a City Directive) during the Guarantee and Warranty period required by Subsection 5.A of this Agreement, or failure to commence correction or cure of any such defect or failure to diligently prosecute same to completion, in each instance following written notice that such defect exists; 3. Subject to any time extensions granted in accordance with Section 6 of this Agreement, failure to perform substantial work on the Improvements or on any of them, after commencement of work on same, for a period of 30 days after written notice thereof from City; 4. Insolvency, appointment of a receiver, or the filing of any petition in bankruptcy, whether voluntary or involuntary, and such is not cured or discharged within a period of 30 days; 5. Commencement of a foreclosure action against the Subdivision or any portion thereof, or any conveyance by Subdivider in lieu or in avoidance of foreclosure, within 30 days after written notice thereof from City; or -17- G��aa_nnn��Ra�� AWN 6. Failure to perform any other obligations in accordance with the terms and provisions of this Agreement within the time period specified in this Agreement for the performance of that obligation, or if no time is specified, within 30 days after written notice thereof from City. B. City reserves to itself all remedies available to it at law or in equity for any breach of Subdivider's obligations under this Agreement. After written notice to Subdivider of alleged default and failure by Subdivider, and failure by Subdivider to promptly commence the cure of any alleged default and diligently prosecute such cure to completion, City shall have the right, without limitation of other rights or remedies, to tender against, draw upon or utilize any or all Improvement Securities furnished hereunder to complete the Improvements, or request the surety take over and complete the Improvements, or otherwise mitigate City's damages in the event of Subdivider's default. C. Subdivider acknowledges that the Estimated Total Costs and Improvement Security amounts set forth herein may not reflect the actual cost of construction or installation of the Improvements; and, consequently, City's damages for Subdivider's default shall be measured by the actual cost of completing the required Improvements. If the damages incurred by City in taking over and completing the Improvements exceeds the principal amount of the improvement security, then Subdivider shall reimburse City in the amount of such excess damages. D. Following the written notice of alleged default and failure by Subdivider to promptly commence the cure of any alleged default and to diligently prosecute such cure to completion, City may, without liability for so doing, take possession of, and utilize in completing the Improvements, such materials, appliances, plant and other property belonging to Subdivider as may be on the site of the work and necessary for the performance of the work. Subdivider hereby consents to such entry by City and its representatives, including employees, agents, and contractors, upon any real property in the Subdivision owned by Subdivider or by any assignee of this Agreement, in the event City elects to maintain or complete the work on the Improvements following Subdivider's default. E. Subdivider acknowledges and agrees that, upon approval of the Final Map for the Subdivision, City will confer substantial rights upon Subdivider, including the right to sell, lease or finance lots within the Subdivision, and that such approval constitutes the final act necessary to permit the division of land within the Subdivision. As a result, City will be damaged to the extent of the cost of construction or installation of the Improvements upon Subdivider's failure to perform its obligations under this Agreement, which failure is not promptly remedied by sureties or by Subdivider. F. City's failure to take an enforcement action with respect to a default, or to declare a default or breach, shall not be construed as a waiver of that default or breach or any subsequent default or breach of Subdivider. G. If any legal action or other proceeding, including action for declaratory relief, is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees, experts' fees, and other costs, in -18- S7296-0001 \2218863v1.doc addition to any other relief to which the party may be entitled. If City sues to compel Subdivider's performance of this Agreement, or to recover damages or costs incurred in completing or maintaining the work on the Improvements, and City is the prevailing party in such lawsuit, then Subdivider agrees to pay all attorneys' fees and other costs and expenses of litigation incurred by City in connection therewith, even if Subdivider subsequently resumes and completes the work. 13. RELATIONSHIP OF THE PARTIES Neither Subdivider, nor any of Subdivider's contractors, subcontractors, employees or agents, are or shall be deemed to be, agents of City in connection with the performance of Subdivider's obligations under this Agreement. Subdivider shall not, at any time or in any manner, represent or allow representation by its contractors, subcontractors, employees or agents that any of them are contractors, subcontractors, employees or agents of City. 14. ASSIGNMENT A. Subdivider shall not assign this Agreement, or any portion thereof without the prior written consent of City. Any attempted or purported assignment in violation of this Subsection A shall be null and void and shall have no force or effect. B. The sale or other disposition of the Subdivision shall not relieve Subdivider of its obligations hereunder. If Subdivider intends to sell the entire Subdivision to any other person or entity, Subdivider may request a novation of this Agreement and a substitution of Improvement Securities. Upon City's approval of the novation and substitution of Improvement Securities, Subdivider may request a release or reduction of the Improvement Securities furnished pursuant to this Agreement. 15. NOTICES All notices required or provided for in this Agreement shall be in writing and delivered in person or be given by certified United States Mail, return receipt requested, or by nationally recognized overnight courier, addressed as follows: If to City: City of Seal Beach 211 Eighth Street Seal Beach, California 90740 Attn: City Engineer With a copy to: Richards, Watson & Gershon 355 South Grand Avenue, 40th Floor Los Angeles, California 90071 Attn: Craig A. Steele, Esq. If to Subdivider: To the address set forth above in the Subdivision Reference Data, or to such other address as may subsequently be designated in written notice to City. Notice shall be effective on the date that it is delivered in person, or, if sent by certified mail, shall be deemed effective on the date of delivery or attempted delivery shown on the return -19- S7296-0001\2218863v1_doc receipt, and notices given by overnight courier shall be deemed effective one business day following delivery to the overnight courier. Any party may change its address for the service of notice by giving written notice of such change to the other party, as specified herein. 16. ENTIRE AGREEMENT This Agreement, along with the conditions of approval and mitigation measures that were imposed previously by City, constitutes a single, integrated written contract, expresses the entire agreement of the parties with respect to its subject matter, supersedes all negotiations, prior discussions and preliminary agreements. All modifications, amendments, or waivers of any terms of this Agreement shall be in writing and signed by the duly authorized representatives of the parties. In the case of City, the duly authorized representative, unless otherwise specified herein, shall be the City Engineer. 17. SEVERABILITY The provisions of this Agreement are severable. If any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect. 18. INCORPORATION OF SUBDIVISION REFERENCE DATA AND RECITALS The Subdivision Reference Data, the Recitals, and Exhibits A, B, C and D are attached hereto and incorporated into this Agreement. 19. GOVERNING LAW; VENUE This Agreement shall be governed by the domestic laws of the State of California, without regard to its laws regarding choice of applicable law. Venue for any action relating to this Agreement shall be in the Orange County Superior Court. 20. COUNTERPARTS This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. 21. LIENS Subdivider represents and warrants that Subdivider owns the Property, and that there are no encumbrances on the Property that would prohibit or interfere with this Agreement or the rights granted to City hereunder, and that there are no monetary liens (except for property taxes and assessments not yet delinquent) affecting the Property. 22. EFFECTIVE DATE OF THE AGREEMENT This Agreement shall be and become effective as of the date that it is executed by a duly authorized officer or employee of City, it being the intention of the parties that Subdivider shall first execute this Agreement and thereafter submit it to City. City shall -20- c�ooa_nnn��QQaz..� N..� D 0 insert the effective date in the Subdivision Reference Data in all counterparts of this Agreement and shall transmit a fully executed counterpart to Subdivider. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective officers, thereunto duly authorized, as of the dates set forth below their respective signatures. "CITY" "SUBDIVIDER" CITY OF SEAL BEACH 69:1_\:L� ►,!L�Y1 �tI��T7_1:i��1�:��:11 ATTEST: ti By: 111. Robin L. Roberts, APPR0VE-MA S 70-,r ig A. Steele, City Attorney Date: L6j3h q Its: LAO 17-4 ate: )0 -3 " I )00n VL� vNI PROOF OF AUTHORITY TO BIND SUBDIVIDER REQUIRED [Note: The signatures of the mayor and Subdivider must be acknowledged by a notary public and the acknowledgement must be attached.] -21- S7296-0001 \2218863v1.doc CALIFOR►,g CERTIFICATE OF ACKNOW An otary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of a GMENT On I QVQ. V" KJ' Z5, Z) ill before me, -D&V\�F S -h yyil iZt ✓ �� ► �- (h re insert name .4nd title of the offi r) personally appeared who 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature L,t DANAENGSTROM COMM. #2236978 zz 0 d Notary Public - California p Z Orange County M Comm, Ex fres A r. 5, 2022 (Seal) s +ts i Although the information in this .,x 4 g section is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document titled/for the purpose of containing pages, and dated The signer(s) capacity or authority is/are as: ❑ Individual(s) ❑ Attorney -in -Fact ❑ Corporate Officer(s) Title(s) ❑ Guardian/Conservator ❑ Partner - Limited/General ❑ Trustee(s) ❑ Other: representing: Name(s) of Person(s) or Entity0es) Signer is Representing Method of Sianer Identification Proved to me on the basis of satisfactory evidence: C) form(s) of identification 0 credible witness(es) Notarial event is detailed in notaryjournal on: Page # Entry # Notary contact: Other ❑ Additional Signer(s) ❑ Signer(s) Thumbprint(s) 0 Copyright 2007-20; 7 Notary Rotary, PO @ox 41400, Des Moines, IA 50311.0507. All Rights Reserved. Item Number 101772. Please contact your Authorized Reseller to purchase copies of this form, ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On October 4, 2018 before me, Beth Ann Hutchinson, Notary Public (insert name and title of the officer) personally appeared ------------ John Vander Velde & John C. Danvers -------------- who 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. 4 SETH ANN HUTCHINSON WITNESS my hand and official seal. NotaryPublic- California Z Z "s Orange County Commission w 2233205 My Comm. Expires Mar 20, 2022 r Signatur (Seal) CERTIFICATE OF CORPORATE SECRETARY OF J.F. SHEA CONSTRUCTION MANAGEMENT, INC. RESOLUTION OF SHEA HOMES LIMITED PARTNERSHIP July S, 2018 I, James G. Shontere, do hereby certify that I am the duly elected and acting Secretary of J.F. Shea Construction Management, Inc., a California corporation (the "Corporation'), who is the sole General Partner of WS Management, L.P., a Delaware limited partnership ("JFS Management"), who is the sole General Partners of J.F. Shea, G.P., a Delaware general partnership ("JF Shea GP"), who is the sole General Partner of Shea Homes Limited Partnership, a California limited partnership (the "Limited Partnership" or "SHLP"), and that the following resolutions have been duly adopted by the Board of Directors of the Corporation pursuant to the by-laws of the Corporation and are in full force and effect: RESOLVED, that any one of the named directors of the Corporation, or any other person or person designated in writing by any one of said directors are hereby authorized and empowered for and on behalf of the Limited Partnership, to execute notes, deeds, maps, performance and payment bonds, deeds of trust, mortgages, guarantees, receipts, and all other documents necessary and convenient to carry out the business operations of the Limited Partnership; John F. Shea, Director Peter O. Shea, Director Peter O. Shea, Jr., Director John C. Morrissey, Director James G. Shontere, Director FURTHER RESOLVED, that the named officers and authorized agents on this resolution are hereby appointed to the offices or positions appearing after their respective names, and will serve until they resigns, they are no longer provided authority hereunder, or they are no longer employed by SHLP or one of its affiliates; FURTHER RESOLVED, that the above directors, acting alone, or the following officers of this Corporation, acting with one director or another authorized officer listed below, are hereby authorized and empowered for and on behalf of the Limited Partnership, to execute any documents required to borrow funds from any lender either unsecured or to be secured by real or personal property owned by the Limited Partnership: Roberto (Bert) F. Selva, President and Chief Executive Officer Ross A. Kay, Senior Vice President Ronald L. Lakey, Vice President Andrew Pames, Vice President Robert R. Odell, Vice President & Treasurer James G. Shontere, Secretary FURTHER RESOLVED, that the above directors, acting alone, or the following officers listed below, acting with one director or another authorized officer listed below, are hereby authorized and empowered for and on behalf of the Limited Partnership, to execute leases notes, deeds, maps, performance and payment bonds, deeds of trust, mortgages, guarantees, receipts, and all other documents necessary and convenient to carry out the business operations of the Limited Partnership: Roberto (Bert) F. Selva, President and Chief Executive Officer Andrew Parris, Executive Vice President Ross A. Kay, Senior Vice President Ronald L. Lakey, Vice President Andrew T. Roundtree, Vice President Robert R. Odell, Vice President & Treasurer James G. Shontere, Secretary FURTHER RESOLVED, that the above directors, acting alone, or any authorized officer who is an attorney listed on Exhibit "A", attached hereto, acting with one director or another authorized officer on Exhibit A, are hereby authorized and empowered for and on behalf of the Limited Partnership, to execute settlement agreements and all other documents connected to litigation cases involving the Limited Partnership, provided however that such authority shall be limited to the operations of their respective divisions as indicated on Exhibit "A"; FURTHER RESOLVED, that the above directors, acting alone, or any authorized officers listed on Exhibit "A", attached hereto, acting with one director or another authorized officer on Exhibit A, are hereby authorized and empowered for and on behalf of the Limited Partnership, to execute any and all documents necessary or appropriate in connection with the (i) Amended and Restated Security Agreement dated as of February 20, 2014 (the "Master Security Agreement"); (ii) Credit Agreement dated as of February 20, 2014 (the "Revolving Facility Agreement"); and (iii) Indenture dated as of May 10, 2011 (the "Indenture"), including, but not limited to Deeds of Trust and Officer Certificates, provided however that such authority shall be limited to the operations of their respective divisions as indicated on Exhibit "A"; FURTHER RESOLVED, that the above directors, acting alone, or any authorized officers or authorized agents listed on Exhibit "A", attached hereto, acting with one director or another authorized officer or authorized agent on Exhibit A, are hereby authorized and empowered for and on behalf of the Limited Partnership, to execute any and all documents necessary or appropriate in connection with the acquisition or sale of real property acquired or sold by the Limited Partnership, including, but not limited to land purchase and sale agreements, amendments, escrow instructions, and grant deeds, provided however that such authority shall be limited to the operations of their respective divisions as indicated on Exhibit "A"; FURTHER RESOLVED, that the officers or authorized agents of the Limited Partnership listed on Exhibit "A", attached hereto, acting with one director or another authorized officer or authorized agent on Exhibit A, are hereby authorized and empowered to act on behalf of the Limited Partnership to execute any bids, construction contracts, bid bonds, deeds, maps, performance and payment bonds, plats or any other agreements or documents necessary for the performance of such contracts, agreements, and/or documents, to execute any and all documents required in connection with the sale and conveyance of new homes, including but not limited to, the purchase and sales agreements, escrow instructions, amendments to the purchase and sales agreements for the addition of options to the new homes, and all other documents necessary and convenient to carry out the sales of new homes developed and sold by the Limited Partnership, provided, however, that such authority shall be limited to the operations of their respective divisions as indicated on Exhibit "A"; FURTHER RESOLVED, that the officers or authorized agents of the Limited Partnership listed on Exhibit "B", attached hereto, acting with one director or another authorized officer or authorized agent on Exhibits A or B. are hereby authorized and empowered to act on behalf of the Limited Partnership to execute any land development documentation necessary for the development of real property, such as bids, construction contracts, bid bonds, maps, performance and payment bonds, plats, lot line adjustments, and any documents filed with government agencies necessary and convenient to carry out the development of real property developed and sold by the Limited Partnership, provided, however, that such authority shall be limited to real properties located in their respective divisions as indicated on Exhibit "B"; FURTHER RESOLVED, that the officers or authorized agents of the Limited Partnership listed on Exhibit "C" attached hereto, acting with one director or another authorized officer or authorized agent on Exhibits A or C, are hereby authorized and empowered to act on behalf of the Limited Partnership, to execute any and all documents required in connection with the sale and conveyance of new homes, including but not limited to, the purchase and sales agreements, escrow instructions, amendments to the purchase and sales agreements for the addition of options to the new homes, and all other documents necessary and convenient to carry out the sales of new homes developed and sold by the Limited Partnership, provided, however, that such authority shall be limited to their respective divisions as indicated on Exhibit "C"; FURTHER RESOLVED, that the directors, officers, and/or authorized agents of the Limited Partnership are hereby authorized to act on behalf of the Limited Partnership in the capacity set forth herein whenever the Limited Partnership is authorized to act for another company, whether as manager, member, authorized agent, or otherwise; FURTHER RESOLVED, that any and all documents executed or actions undertaken by any officers or authorized agents listed in the foregoing resolutions prior to the date hereof substantively within the scope of their authority as designated above are hereby ratified, confirmed, and approved; FINALLY RESOLVED, that any prior signature resolutions of the Corporation are hereby superseded and replaced by this resolution as of the effective date of this resolution. IN WITNESS WHEREOF, I have hereunto set my hand and the Corporate seal this Sa' day of July, 2018. James G. Shontere, Secretary INCORPORATED v' AUGUST 24.2004 yt 04UFOS it" �i EXHIBIT "A" A,112jyAj'ons: Roberto (Bert) F. Selva, President and Chief Executive Officer Andrew Parses, Executive Vice President Ross A. Kay, Senior Vice President Ronald L. Lakey, Vice President Ray Mullen, Vice President Andrew T. Roundtree, Vice President Robert R. O'dell, Vice President & Treasurer Joel VanRyckeghen, Vice President James G. Shontere, Secretary Janet Benavidez, Assistant Secretary Bryan Binney, Assistant Secretary Tony Callahan, Assistant Secretary Michael Ciauri, Asgistant Secretary Jeffrey H. Donelson, Assistant Secretary Julia Guizan, Assistant Secretary Tammie Lopez, Assistant Secretary Allison Martin, Assistant Secretary Yasmine Petersen, Assistant Secretary Kirsten Solberg, Assistant Secretary Sharon Wible, Assistant Secretary Richard J. Young, Assistant Secretary Paul Benson, Authorized Agent Bryan McGowan, Authorized Agent Curtis Wright, Authorized Agent Active Adults Division: Harold (Hal) Looney, Jr., Vice President Jeffrey McQueen, Vice President Shauna Farmer, Assistant Secretary Michael L. Fraley, Jr., Assistant Secretary Mark Gray, Assistant Secretary Jeff Hinkle, Assistant Secretary Corey Hosea, Authorized Agent Jason King, Assistant Secretary Michael McCormack, Assistant Secretary Tim Steckbeck, Assistant Secretary Brian Beard, Authorized Agent Bertrand (Randy) J. Bauer, Authorized Agent Helen Eldredge (formerly Helen Akkawi), Authorized Agent Jason L. Enos, Authorized Agent Preston Holdner, Authorized Agent Jason Hughes, Authorized Agent Leigh Menghiuni, Authorized Agent Micah Olsson, Authorized Agent Deena Schwegler (formerly Deena Baxter-Schwegler), Authorized Agent Levi Shill, Authorized Agent Caroline (Came) Villegas, Authorized Agent Arizona Division: Don Murphy, Vice President David Garcia, Assistant Secretary Brian Murphy, Assistant Secretary Ken Peterson, Assistant Secretary Nicklaus Wright, Assistant Secretary Exhibit A Carly Harlacher, Authorized Agent Heather, Jahnke, Authorized Agent Colorado Division Chester T. Latcham, Vice President Scott Custer, Assistant Secretary Jeffrey F. Kappes, Assistant Secretary T. (Terri) G. Kershisnik, Assistant Secretary Houston Division Keith Luechtefeld, Vice President Brian Murphy, Assistant Secretary Noghern California Division Layne C. Marceau, Vice President Matthew J. Henry, Assistant Secretary Adam Hieb, Assistant Secretary Donald A. Hofer, Assistant Secretary Gary Teunnisen, Assistant Secretary Scott Adams, Authorized Agent Rick Glaviano, Authorized Agent Deena Schwegler (formerly Deena Baxter-Schwegler), Authorized Agent Southern California Division Robert J. Yoder, Vice President John C. Danvers, Assistant Secretary Steve Ray, Assistant Secretary John Vander Velde, Assistant Secretary Lulu Shiozaki, Authorized Agent San Diego Division Paul L.L. Barnes, Vice President Vanessa Linn, Assistant Secretary Sarah Mon -ell (formerly Sarah Beckman), Assistant Secretary John B. Vance, Assistant Secretary Roberta Correia, Authorized Agent Helen Anaya-Rioux, Authorized Agent Dennis Schroeder, Authorized Agent Exhibit A EXHIBIT "B" All Divisions: Bridget James, Authorized Agent Alan Ridd, Authorized Agent Allison Warren, Authorized Agent Active Adults Division: Andy Fraser, Assistant Secretary Robert (Rob) Peterson, Assistant Secretary Brad Bowman, Authorized Agent Korey Carroll, Authorized Agent Ezequiel Chaidez, Authorized Agent Francisco Chaidez, Authorized Agent Barry Cunningham, Authorized Agent Jeff Davies, Authorized Agent Andrew Daymude, Authorized Agent Oscar Harper, Authorized Agent Paula Haydon, Authorized Agent (only utility applications) Robert Izer, Authorized Agent Paul Lymberis, Authorized Agent Andres Martinez, Authorized Agent Travis Richey, Authorized Agent Keir Santos, Authorized Agent Eric Sauer, Authorized Agent Jay Seymoure, Authorized Agent Dyric Snyder, Authorized Agent Kyle Tibbitts, Authorized Agent Ric Wattier, Authorized Agent Arizona Division: Jennifer Fermaint, Authorized Agent Jodi Kish, Authorized Agent Colorado Division Ryan McDermed, Authorized Agent Jennifer Miller, Authorized Agent Timothy Roberts, Authorized Agent Eric Weinstein, Authorized Agent Amy White, Authorized Agent Houston Division Stacy Boykin, Authorized Agent Nichole McKnight, Authorized Agent Northern California Division David Best, Authorized Agent Ezequiel Chaidez, Authorized Agent Dave Kay, Authorized Agent (for only Consultant Agreements) Alex Richards, Authorized Agent Chris Stump, Authorized Agent (for only Consultant Agreements) Rob Wainwright, Authorized Agent Dessi Yankova, Authorized Agent Doug Yount, Authorized Agent Exhibit B Southern California Division Brooke Doi, Authorized Agent Karen Ellerman, Authorized Agent Gina Gordon, Authorized Agent Kevin Harbison, Authorized Agent Kristina Rossbach, Authorized Agent Jeff Seifert, Authorized Agent John Thomas, Authorized Agent San Diego Division Jasen Torbett, Assistant Secretary Chelsea Cummings, Authorized Agent Mark Hartley, Authorized Agent Greg Ponce, Authorized Agent Patty Rivas Authorized Agent Danny Robledo, Authorized Agent Kristina Rossbach, Authorized Agent Exhibit B EXHIBIT "C" Active Adults Division: Andy Fraser, Assistant Secretary Lois Acker, Authorized Agent Alex Baird, Authorized Agent Steve Berry, Authorized Agent Korey Carroll, Authorized Agent Melissa Chatterton, Authorized Agent Barry Cunningham, Authorized Agent Jeff Davies, Authorized Agent Andrew Daymude, Authorized Agent Nikki Decker, Authorized Agent Michael Dalton, Authorized Agent Kathleen Everett, Authorized Agent Ella Montgomery, Authorized Agent Reid Mosman, Authorized Agent Drew Owens, Authorized Agent Drew Park, Authorized Agent Todd Sitz, Authorized Agent Arizona Division: Lynnae Clore, Authorized Agent Chamise Mothershed, Authorized Agent Colorado Division Shelby Smith (formerly Shelby Antener), Authorized Agent (for only Customer Option Requests & listing agreements with Realtors) Northern California Division Marcela Malek, Authorized Agent San Diego Division Teri Ledford, Authorized Agent Dawn Parent, Authorized Agent Elgelyn Recaido, Authorized Agent Southern California Division Sandra Calderon, Authorized Agent Karen Ellerman, Authorized Agent Julie Ontiveros, Authorized Agent Exhibit C EXHIBIT A LEGAL DESCRIPTION APN: A-1 S7296-0001\2218863v1_doc V DUPLICATE SHEET '°" TRACT No. 17425 WESTTLE OF NAW® ORS A IN710QIED lRS 1 (A-0, NCO9W) ASIAE" : A' „m 1N 7HE aN of SEA(. BEACH, C"TY OF GATE (L IOk 1 t433 ACRES NET TIME ORANGE STALE OF CAUFORlAA ,�uza GAL a 9WWn K1�t ]015 NSIRUYENT No.• ALL a VtSWM TENTAM TMC! R . 17425 fSA A SUBpY190N OF PARCEL 3 AND A PORTION PARCEL B GP CERVICATE OF COIFIllN(E NQ 200", BOCK `T7 ( PACE l q s` RECOTAEO MARCH 10. 2009 AS NST. NO. 2D0900MO 4-, ALL OF PARCELS 1. 2 AND 3 OF CERTFICATE OF HuG NWYEH COMPLIANCE NQ 2010-01. RECOIID AUEAIST 27. 2(000 AS 91ST. NO. 2MOWOM9499; PARCEL I OF LAT L14E COUNTY CLEM-RECORDER AQASTMENT NQ LL 13-1. RECORDED MARCH 9. 21119 AS MSIRUENT NQ 2019000061731; AND THAT PARCEL AS DESMED N INE OATCLANI DEED RECORDED JANUARY 11. 2016 AS NSTRIAMENT NQ 2016000R10B2. ALL BY. OFFIOAL RECORDS OF SAID COUNT'. DEPUTY FLSCOE ENGINEERING KURT R TROKEU, L.S. 7354 OCTOBER 2015 O N6t0E! CERTFIOATE MIRYEYOWIS OTATEIIEMT: K ME INOEW!A( E0, BEING ALL PARTES "'MMY RECORD T "' 6FNERFSi N TLE IAM COVERED BY NIS NAP WAS PREPARED BY HE R UNI YY DIRECTION AND 1S B STD UPa A rm RIS N.V. DO HEREBY CONSENT TO THE PREy�RATNN ANO RENNAMN DF BART MM. AS SHOTE WROI SARWY N CONFORMANCE WN 171E REQUIREMENTS OF ME SAIOVLSOII YAP ACT AND LOCAL THE DISTINCTIVE BOPBR USE. ORDNANCE AT THE RMUEST GF BAY ORES PARNFRS LLC N OCT®DI OF 3015 I LEPEBT SEAIE IN ALL YOAAERTi ARE OF REE O ARACIEA AND OCCUPY THE POSITIONS FIpCARD. WE ALSO HOEBY OBXCAIE N EEE TO TIE PUNK FOR STREET PURPOSES NMN' DRIVE. OCEAN PLACE OR NAT THEY VEIL BE SET N !HOER POSITIONS '"TIER SO DAYS MER CWAEMW OF OCEAN KAM NAY NLD ALLEYS. p@AO.ppOS': AND NAT SAID MONUMENTS ARE SUPP ENT TO ENABLE THE SURVEY TO E SASH RETRACED HEREBY STATE THAT TMS FINAL WP SUBSTMIULLY COPOW TO ME ALSO RANT IM FEE RYAN D THE CITY UA SEAL BEACH LOT A' TOR MER CUALtt. CONDNOULLY APPROVED TENTATIVE YAP OEIR11p1 BASIN PURPOSES. AND PARK NCE Rd SPAMPIERPOSES WE ALSO HEREBY RELATE A D RONOILSR TO THE OTY OF SEAL BEACH ALL W. " AOLFSS OOITS TO MAXIMA DOVE AND FAST STREET. EXCEPT AT AI'PROWD ACCESS LOCATNMS PWEERHIERCSY RESERVE RTO OINS&NM OUR LENS AND OUR ASSNAM LOTS C ANO O FLA DR IDSLAPIE A Y Sia NOES LIMTTED PNETNER9p. A cNFONA LAVED PNLT3R91P DP u BY` BY, Z14a COMITY RMIVEYOFE'R RTATBiSM, NAME: 6^c. 4AAaWMc xAYf: 1 HOIESY STATE NAT I HAW EXAMINED THIS MM AND HAVE FOUND NAT ALL YAPPNC nT1E: A'W'IA`°Ruc: 4 PRE T}' '3ECAOeNeN SMD MAP BXCWIS TECHNICALLY CORRER OF ME ACT NAW BEEN WINIED WITH AND AN SAnSFFp NOTARY A KNONM1IMGMIi: A YRARr PUWRC R .NR WTTmR CWPLMM THIS OR""M WtNxs "LY THE DEHmY a TIE RDIRWAL WAD SIGNED TIE OCCUMENT TO "MOI NIS CERTEICATE 6 ATTACHED..MRD NOT NE NUTHPOLWSS. ACCIIRAC . OR VALIDITY a THAT OOOIYENI srAEa �-' �I nia� mNna �� ss L .301401E YE �I'�111nn1iP.+e�a++sN � PUBEc PERsW,ALLYAPPEARE:O=:9 nC.D.wdtcs alln�6.kle Ve.lRi-- WD PROVED TO IE ON THE SA DF SARSFA RIRY EVIDENCE TO BE THE PFASOWS) WHOSE HAM S) IS/ARE A9SMM M THE STAN msTWAurt AMC, AaDDWLmGO ro WE TWT K/OWE/nEY EIIWXiEL ME SAYE IN H6MR/mER AUNOWiED CAPAOTY(ES). AND NAT BY S HISMER/BEN OUIVE(S) R THE NSINAENT THE PFASONS) OR THE ENTm. UPON BEHALF OF NNN TK PERSOWS) ACTED. EXECUND M INSTRUMENT. I CERTIFY UNDER MULN OF PRAWy ODER TIIE LAWS a THE STATE OF CALFRAA NAT NE POREGCNG PARAGRAPH 6 TRUE AM CORRECT. WAYNEEYY N�W: YMYBIEEq��EfPIRES OP/30/'AIB Ott ENGINEER CF TME CITY a BEAT. @'Dal ' A N..i / YY PSN 1 PLACE 0' 9U3ESS NOTNHY —C INANDPER Sr AOASTATEIJIaYN,V'• D E NPER 6 N Q!'a M cci .-y�� MY cOAM9R EXPIRES 3=11-loa 1, $-fA AA'A AT.tftfY +TSov� PRAT x YE Nr cW.RsyWl No: A7_733P)n5 wImEANT TO TEE P "W"' N -- 66R3fi(P)(JKA)E(C) OF NE SLBOMRDHI YAP ACT ME Fa1DWNE SINAASES WY IE 1, 1. THE LOS ANGLES COUNTY RDOG CONDSOL DISTRICT, A BODY N1PRAiE AND PDjX HOLDER OF T FDR AN EASEMENT THE PURPOSE 0' COIFTIRNG THE WATER a SAN GMBQ OVER IN A SIX RANFL ARID FOR THE PUAO a EST.IBU9NC AN OPHOAL CHANNEL TO CMRY ME WTR OE UNE SAD SDE." N A O—Z O3. � WN IRY P1, U3.1 BOOK N; PACE .T7, a OMCAL ROOMS. (PATTED HOEDB) OW SLEET 2 FOR ADDITIONAL NOTARY ACKNOALIDONENTR DATED TILS I'�o DAY OF Y/L'2A�X/ MI 1L. TN R HALL, CQNtI' 9NVEY10 LAWO G% R, 666L,�i pG � M ! A xF3 0 I.L. FA g��` Dr cAs�P Cf T/ valviE 1'S 9)TATEMBIT: HEREBY STATE NAT I H.AW L>AYNFD TMS YAP Am". VY ,WHO IT TO BE SLARSTANRN N COEONIAVCE WDH TIE TENTATIVE MM, F WEDUN®. AS FEED ■M AMENDED ANO AAROWD BY NE O COUNCIL. THAT AL PROVISIONS R 171E 541BkMW MM ACT NCE CITY 511®IVBOI RECUAT1316 HAW BON CORM WITH. DATEDTT"DAY OUP m (Fi YMYBIEEq��EfPIRES OP/30/'AIB Ott ENGINEER CF TME CITY a BEAT. @'Dal ;h %c9W CITY CLOWS CiRTFWATE: STATE a CAIFdN1A ) O1Y a SEK BEAR ) SS edNiY a RANGE ) HEREBY CERiEY THAT NRS WP SA; PRESS IED POR MPNIOVK ro NE CITY DAUHa 6` -TIE CITY OF S.N. BEAo1 AT A REMAR WEE7NO NEAEDF REED R THE L& DAY R �c LAD MAT nERO PON SND COUQ DO. BY AN I)ROR OLLY PASSED AND ENIQIEO APPROK 5'D MM. AID CD ACCEPT M MENACE OF NE MANUAL SXEECI TO APROWNETBy TBE DEDICATION N FCE FOR STREET PURPOSES: MARINA DRIVE. OCEAN RML OOAN RACE MY AND ALLEYS AND SSD ALSO ACCEPT M SENA' OF NE CITY OF SEK SEACH LCT 'A•. FOR WNITR MALITY. OTENTIOI BASAL. PMR AND OPEN SPACE P.MOSM AND DO ALSO ACCEPT ON DOLIMP a ME CITY OF SEAL BEACH 11E W,"LA R ACCESS RANTS TO MANNA DRIVE AND LRST SNEER AS RELEASED AND RQ IRMISHED. AND DO ALSO APPROVE SUBELT WP P,NtSWT TO THE PROASIRS OF gLTHN 6611]6 (.)(3KA) a NE SUBOYSOR YAP ACT. 9►Y�J61911� L')�'J COLRrrY TREASILM ER - TAX COLLACTOR'S GERTFICATE UAW OF CALFONWA ) ss COUNTY OF RANEE ) I HEREBY CEAT6Y NAT AC M4)M TO THE ROOM a MY DFRCE NEVE ARE HO LENS AGAINST NE LAID COVERED BY TNS YM OR ANY PMT TMTEa FOR UPAS) STAIN. CQNETY. MUROM OR LOCAL TAXES OUR SPECIAL ASSESSMENTS COLLECTED AS TAWS. EXCEPT TALES OR SPEOAL ASESESEN6 CaOECTED AS TAXES NOT WT PAYABLL AND DO CERTIFY TO THE RECORER a RAKE COUNTY THAT NE PROVISIONS a THE SUBOA9CN MAP ACT HAVE 3T.! COIPLED OITN NOVARSAD DEPORTS TO 3QW PANRT a TALES R SPEOK ASSFSSMMTS COLLECIED AS TAXES R ME LAND COVERED BY TMS MAP, nn'''' rr11 DASD —z4: DAY a ` rte, 3D.& WI PBDFMPON B � _ O OEABAPER-TM COIN_ 6An_ — *NMT 1 OF 7 94FET5 Mass EOT•i m =DrA� MFR wwM ACMES OOSB 4437 AGES NET OAIE 6 sw1 .. oCMSM 1015 A OF `aSTMIG WAITS TMLT NO, 17425 DUPLICATE TRACT No. 17425 M INE CITY OF SEAL BEACH. COLMTY OF ORANGE. STAIE OF CAEIFW" FUSCOE ENGMESING HURT R 7ROOEL l3. 7&% OCTOBER 2)15 VARY ACINMLEDG eI - � v PUBLIC at oMu GPT1me canl[TnG n+s QAT`1CATE WAEFS ner TxE oomn r oTTMiaE wMFuxESMfOs. AmaAcroaT aroF mAaDoa Ex�T 11HUTE s ATTAaET. AND STATE a aowltt a a w NE . NmAw Aua1c. PEFlo v APPEARED Wro PMDWD ro YE ON ME 8195 OF SA Y ENROL¢ ro w TE Pr1R01(5) WWg NAK(s) APE 511810!® ro TE WTNv T AM AODIOWJ3= M ME TNT NE/9E/TEY ERWIFD TIE SALE N HS/IER/TOa ll10 CIM CAPAOMESI MD MAT OY N6/1EA/TFW SMWAT11Fj5) M DE MMTTRMEIIT THE s) M NE ENMY UPOx BEIIMF a WMa T1E PEItSON(5) ACRD, EKQITD IHS WSWIMExT. CsR UNOFA PDN W OF'VU y uMk'A AK uMs 6 An OF CALIFPNA MAT THE FOIEGOIG PARAGPAP 15 TME AMD GWEM. WiNESi W MANE NY PROW PUCE 55 NOTMY PUBIIC w AIID FOR SAID STATE Is w NY COIIY®➢M OFwE4 NY OGW59W NO.: p%NT MME ARY ACIOIOWlIDf3A�?7T: OM yw %1000 Ol FA OPTM.FR C011PIENNG MI5 Cflt11RGTE Yfl1f1F5 O'EY ME wEMTTY OF w11LUAL Wp SO ME DWAENT ro NM01 MI5 CERTBICATE 5 ATTAOIED. MD NOT TE MPUINESS. A6^IIMACY. OR NAUUTY OF MAT OOOMENT. STATE a ss crouNn CIF M ME . N AaY PUSLP' PENSGNMLY ApPEM WO PRM ro W: ON llE BA95 O SA r PFRSON(5) INIOSE NME(S) 0lME Su85tlWED ro 711E WTM N All AOIMOWmGtD ro NE TNT NE/9E/aEY EXECUIFD IXE SIDE N K$/IF1L/MkYt CAPAOTY(6j. ANO MAT BY N6/lEa/ilEw 9eNTaE(S) m THE M14111UIENT 11E S) OR= ENTtt UPax BFINiF tK ww1 111E Pp19011(s) ALTD.'.1N NE wsTOMEMT. I CERWY Mx PENALTY OF PQU LNMER ME LANG OF ATE OF CAIIFO A TNT ME FQREGDW PARAQR M K IM AND CDRKCT. MMF35 NY HAND: MY PaNCPAI PLACE E4 NGtOY FURY[ IN AND FbR SAID sTATE G w MY FIaI11IS901 F)911ES NY COYSSWN N0.: PRIT NNE DUPLICATE 'CF'S"EM TRACT No. 17425 RU@I® Lm JR IE'11t)EED E014 a (A-4 1g519RFI i.MalR�iM 00% M THE QTY OF SEAL. BEACH. =HTY OF WX of 9144M AM MET ORANGE, STATE OF CALIFORNIA 211 ff ,E PW 1E MIK MCT N0. 17125y E� FUSCOE ENG14EER6RT KUt(R 7R0IE11, <S 78294 OCTOBER 2M5 SWEE w — 4 m WAMT Rm °F� V. V MR BOUNDARY PROCEDURE AND air BASIS OF BEARINGS DIAGRAM s am a raR lar o[ra W 9 CAM "O t rtE OQMS Y 11110Rd Y. Ma 16C MO 1 IR31 �,i 1 % 'RpYy C9'mrbR1 . H BEAD 9 Ad b"yk 6o Y psP11 T'�j � �Ty z � P , 20 EASEMENT DATA CDK Jg Ls�r�� (mi4n i�ast� M tmc�r. r T I�4o TO M iE \� S tS��\ �. � a \,PRO id(5 n2roR�n. �6 msxve irc M.t�IF IFIF r ,9MN1 OF b" oiN 110fii."T�i[�Yulfl IF TW 7 ag r g. SET , X7. gOF M R OFSwa m4nc f�camm 4.r ]a Ia3l w ROa 611 P. E 1. of amou scams OF nR.4o¢ mwtt. R 9 \ , �¢'r ,' 4y�\NOTE: ,Kms Mn to —A OW uo �nsr � MPI6Tm NCA.l ban IF 5£/l 9.1K EI®r ,1 t � \ups& , S� i 2 qjy. $5 s '�ad� zt � �4• lao' a' so• lae' W3 S, i '�i C4, I'1 24 2s d'� 'Yi�?�,RIIO \�pBj y � a 1 1 , a 26�i �6� �`6 J�`� �3.• �` `l4 } yA^ 28 �� . z �_ ppitlCK Pa15T 97 BEE 0 6 6 '� 6�w a `'`'R ✓o`.�, �� Gl °"N �gr#T 6ptaT / 35- F' 9 PETAL 6 / 6,b �N� 2 ASIS OF BEARINGS 1 TITLE NOTES: RECORD DATA REFERENCES: SM�3 5»0111 ,F5Ea1 ME BMCp w RE Esc eEM» 046 »pR>Dlol QI roIDgE v91q-spM6 YKC PMR u5E Ng4.Wr 9K 6EK61F5 SFARO� Mi F l �� dRA�E M M�oI1MamOP M a1 R oR� s.�,�(YOl6F>F. Rf)'12111 PL< �� Y0 aYli llC/n � Ra46F4r m RFtoO P[R RS A02-1060. RS$ tAl(.t. m11wr1em a aro6E »¢ ms ewe unm Pm ui Rz RRcam vw Rs mu>Ilm. RSR. zss/x-n MaM[ER a Mf 1-'lliE1111e 655rµ Ca6R5sy,. REFIT R3 RECom PFp RSB. 90/f1 -SO DATUM STATEMENT TO eonrar Iv, .eun1.E ..vr.Roa R. 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Me YYM.M S[i iv b1C40m t�Y 0O a PMwRR OS 1EE9R8 PER IL5 NO W1E 04 101 1, • —TV a � 0 e0+r61Rr a Rr1fu l0z uMRRs p6 R—mPFA O.OTaAM IM. MSi. rl1 10160pm11062 OR OOR oS m.o11: SIA N Eism.M E 51KlY10 O ymW n0E �RCO:gSD i/II/le M aR15rgM8,i rn. 0Y..T 1ppppllOm OR. o1M'E MMN11K ITA .= = BFFR MPAtD M 4K ua 6RM5 TK 6IMPm YE I»OSe' 501 M O011pvflEi SBFT 4 OF 7 SHMM TAIMMIm IOTS e IEiTMED SLS . U -Q. NQImIE:) PW -t Flt A 1 IEk 4.434 AM MU ♦*r AM NET IMIE F AM1EC ffAIM 7Ms ALL R r5'111G 1EMA711E RUCT Tr 17409 SHEET INDEX - E MET 3 N ICIMIM FRODMIML flA$ T ENRi MM M -T. CS NFT ISAtMI A7N EALpT Mu >a NIET s wt Fars v MInFM'C. a s1eET a N Lm OLTAE SFE SIRT 7 N M:WS N 11NCW Y. NM INE AM) MIE MTA DUPLICATE TRACT No. 17425 IN THE OTr OF SEAL BEACH. COUNTY OF ORANGE. STALE OF CAUFO2MA RI= OIG EEMG KURT R TROXE7.1. LS 7854 OCTOBER 2015 MONUMENT NOTES YL. TA=M LS 7854 M I -U LS m .. M A SPNE FMD 1L Sr/unm LS ]W ro S SET AT 7LL TINCT BCPNMY tl6NEAS IMLs OTHMW MM f LP. TILTED LS 7854 M LW L IAC LS 7054. M A SPNE AW VASO 9TAWED LS 7L54 TO BE WT AT Au N7" LOT EMri6 WE AIN Woo STAtPED LS 785 TO FE SET AT Al 3 a11TEMIE PLMm T C411Pa. MATES Ma OLS M6 mm. m STATMF 14 &MT PER Km M FRC w M TPIa 6 M M E SIMESCES TRT fYEA16 Ewa MMuart r NOIm. Oi RIYO YK xr AIM NVIM 1S TA7', NISN N LN T SPIE MIO IIRCKR 'Li TAT PETE Mt, 541M5'wY LOS (Y . MI) FTEY CF om NTEASEC110N mt MO.QA O fONO YA NAE Ap .ASER 1S ]Ar. iLU9L N IED w SP11E AND WER iS 7MT ITR CR 1048-aW 1ELD FOx UE O FOPO O:NI SMO AiN MASEA'LS TAT PFR M 200"M FTIS Its, HELD iM EVIL iL9l O fUIM OFM ME MD .ASNFA LS TAT PFA Ot 700 m w15 TES 1ETD M IPE ft09E OS FOI11D IFID xr. aM In M UMM RM TO PER 760►OIM HELD FOR TIE ST WINE AIM MMIR STAMPED LS 7BSA O6 MMD TM SME NM 91A9EP T.S TMT MRM 208 -Oa $47TTIfK 131' (1.17 R6} N19L OJ ESCMI9ED AT REdI1C 06TNIM AY6 ME SM'LT'0 - a LIE SELY 811E a MT Av M PW 0, TOM YIP. HIM TAG LS 358". M 1.7 MM M, W454'K 134', OB FCM t IP. NM rA u 4MY 14P m, M tx. O9 S.001[0. FMIPM NOBM4 Es'TPrL9eD von AT M NICE 0--r0C) NN CHANT a 3Po.w' PW M FIKY Pak 10 Mown AT NMRSMYI r9�T ARwM CAA = R MTF w srLy1ML Ox 6UCEw Awa NM ME EA 101 FCM S11E NIH G91E11 u 471Y PEP A. M. a". t2 WANBFD AT AECORD AMMP (50'STM') AIM DWANM PER M. PONT FNL9 ■BN AMEN. IOMMD MM M 81. 13 N. 1' M 'Ff11 IIfP111di wM CCC YC6NdT MIO T 1/2' BNASS M9( SdEPED 'LA, m -QCQtLH 1967 - ME 3111' DCVI Zr. La M M. TMM ME WMR a PAC- COAST HITT. MD 'NMA 00.: SET N ME IIDsf SLY 73D a ME PAIgC LDT T WAPMT MLLME, M A NAlNEAM4D /� PAMMC SPALL M FACR a nE Md106 MSTAMMIT. (PS M0. RIM) 104 NEI@M11MI a ME 601MAMr a ME ANICA LOS NNNM AM DE CIT No E011111T B01'WrY FSC AT MCAD W6 T IS46' MM M. Oi Y LP. 1 S 471Y PF11 M. AaIDRD AS NIERSCRM T 11E XCTMNfSIFAY IME T sl./K a OEm6 AHO SCm4]AT LIE T YNMA HLF. M n5. 16 NM YIP. T.S 4MY PDI M. Awn AS NIM0.9F T M SMIIEASO%Y ISE OF 51f/M a CM AN7 5C30EAY UIE T IIII.A MILS. M OT. t] SIA10 49 T NII100 LM NMNav EVANL91ED AT VVSM M T MM NICE (Nlr4S) FROx YOMNFNT Pn t8 PER M MOM MlA AtD BCPCWT a RIIICA LOS AU4eM9. IR FOM t' WE FNM IA SINPfD 11T 15)65 PER M. -.9. AL'LZ - ASH wus ml T INE NpNMFYE$RNLY INE T M/M a O MM ME SMSITIFAT CCO T RAT T TIIE 9r DPeN1 RPLL 19 FOO LLT 1 S 471) PRI EDS ..= CCM) PNB I@S/37S-Z7.. SET M 185 T WB EE9Mt. ANPMD AS ME Nn3IE4NM T x TMIMI3E a - - MA ME CDIIOY IPC ® MF Nr�l W EWMN "EE NYSI ESYJIM VEL ' PC�If 6 W' T ME STM tOMR Ie�.M®Tm As zt Fll SPIE AW WSI'0.EE. 113W M Fd A. CL 44'. OTCM wxR SPEE PER M. AC - AS --EG - 45. OITS w 51A1) M. INL Aw BFIAS TAC w ECC. STN 'RE 14156'. ER OT, AT MPA.OIT CdiMUE NMR a FNST ST MN mIMM AYE (P IIC6NdT, AS xMED 014 MAIa W,PIM1 1NCWxtN comm, DATA SMEI. IMT BEd MHN® NIT Nr AMD 6w[N TIO STAIIFm %T 14EM' SILL NIMH n EDllp(E). Owo Y v..M TAc u RMS, CL I.7 w MFnol C - A - A6 A/s-e.c. OPOIIM tEr, rAC( Ax0 TAC u 1X5. m 0.S N -E POST M01N5 x0 M7EM,T. AfTMFD r MICE PDM N llE NMMNESIEAY BnPpMY T I71A3/901 OR OiW0 Y IY. NM it u YYa'. N1 MMIEIICE CL N', NgPTED A5 9pxiMAY fDp1D1 T Ibo/AI QR 2) fCM TAN 9'6E 859 NASI6R 1S 5411" PM M PIO-8581. PILCL OF19M Ifn0. iMx AIM M Ls IMT AT P3 PFR R; CL QT. OfCM SME -MASER AGE IMw' TW 511 PER Rz WI M9 0.W (SU -OM -W PER MO F016M SPIE go NA9EA AEE 161w' FUM PER R2 S ML QIP (TVR)2E OW PER R7} 31 FOM TME SME ANO M li 7Nf - R7. FI3ML _E^32 FARM E AIC MASE7I ILCL ICw' F1Y91 PQ R7, .110n1.14' (SI 859 t 1.15'0- .15' PIX R7} V T "SPP A1n PaeR'wn5n6x 1485 L9 -M RE FWSN 34 FDRC 7' LP. NM TAO, u RFS PER MM. 751/6-14 M. II' 35 FlW LEA TMX AM TAO LS 7966 N m1C. iWRXC T TdT 856[ x6f.lE 6.1D' (0.2 IIEll 7785 DO Sn' Fd R4). NL LO ® FCPD Y LP. Frot TA LS 47F7 PFR M. M OS LETTERED LOT DESIGNATION / USAGES: IDT A To u mOQIMTEDMaIm m nMO5E5. Nb PMw LNG nPM tm e A INa rn��iFwr�onarAL�cpu.s3�Yw �E�m* c�aP FTq S-iM1WfUBIIE MiOR SOMAM'.O MNPOSFS850 T_CGllp1 a IEStKllM6 MEDEOEO wF In/30/WI> AS NSfNA4dT NO. WI)000.59173 T aMz.L 9FDOIpS. IDIS C MA b - WN3ox'L IlAPltae� IDIS A-0 785E 14DT SPNAIE NIIIl1P1E 9TF5 DETAL '0' O 1107 m SIYIE s `b. Ley 00`4 � I IT N4ru54•F 9"" i \ �Mw / / \ / 7� Y I O I � ] �• 1i / 7 I /y� 1a e 1 I A 3 � r�rrif a I I REMAINDER i t( REMAIN % \ PARCEL PARCEL `\ h i DETAIL 'W x85 m o- , 7.4708 5 ` / DUPLICATE SHEET 5 OF 7 SIEEIS �T ? TRACT No. 17425 wEw aM MES 11105 W TME CITY OF M& SUCK COUNTY OF "� #I= "ORANGE SUTE of CALIFORMA WR a VA"". atlas ROIs ILL OF 1ESI/IG MAW 7R.ICf N0. 17425 i115COE ENGREERIIG PORT R 7R01ELL. LS 7854 OCTOBER 2015 SHEET INDEX: 0SEE s]413tT1S rm E O �rt ani Q SMET � i01111p11Bf 19lS ORIES'l1', T w0 L' YO Ifl19m lOf OFIIa110U6IaS 61L 511Ei a rm Har IETp. a wo WE wm a1sE au DETAILS ---------------------------- Am ___________________________N \\ I I \ I OiTAL 'D' _______________�/ _________________________________________________________________` 1 I � l I I � I I \ � IvI;E I I / N A x• A].\4 CL '..?/ a O' I W 1 ET s181iNt37 OA M1.1 Lid 89 LL 12-1 o I I I Orts4valm OA DETAL '6 DETAL 'r ` ANT. ku x6r m w1[ xor m scut �' (Y y�P� N i_las. DETAL •O• i� II .1 1e0s1' ` 1 I (wy��; 410y V I I 0 4401 1m ro wu I �UyCAc lPUgVf UZI m . s t DUPLICATE °Nm Lom.30 " TRACT No. 17425 N!1/B® 1, R 70 fa m LMR s (A-0. eb19VE) ABEL' ER PAU4A4 , N i1i CITY OF SEAL BEACH, COUNTY ff im AM K ORANGE, STATE OF CAU ORNIA WX OF SWWEY: OCIUM 2015 ILL Of AMRAG IDIEATIVE TRACT N0. 17425 FUSWE ENCIEIRK KURT R TRUELL, LS. 7654 OCTOBER 2015 $MET U4DEK porElat 6011pM, OStOG101 aumm 'a E�DATA, 5[E 9eFT 4 M 4f0AYilE IOQ RTA15'r. T AM 'C — RE� tOf 0E9i1AV*AAlAas SfE 9FFT S M Rile.S T' 1111x101 V. 8 XHE) fat REPS Y 1I10111N Y. Ai 1eC AND aINC OAA LOT DETAIL a 11 I � Z O I 01 20' r I � 11 scaE: , - w' 6AI�L .0 i Q 6 Army RAH �q(r� FIR r Va.D'JNl]COFO 00-0-0- N gD� �pgg5tle R^1002�m ey36'11.2A}45 ,i/ / N ,00i;l ell 6.424 ACRE 5 d PAUCE2i = �� OESIOEATEO 74' c71 �"24-u�y Et: al0.0 )s) REM]AINDER PARCEL N,5��4Ayy�' (i 1 BRIT. NLSIT& S"m 0!L r a� 1 K 60 E{ NOT A PART / T]�4 AS� `�jy' .� -g' � � _ �• Ir t suF,. 4 \vj �,.yi"1 O 20 22 22 .b � Aa Na % ;la's 2.71$. soEr. & son. o T f t (aAp) –, 4v e, K - NjO� i r m s sa �trtp, ( u ho °^]TA+ Ao'E 0• Cs TAAL�l LOT \ \ s 7.a mn. - I% x19' E 7 ww Z). .00 .0' C- INY'6 pLA� I .Ti °' 0-YC40 �ti ssy.•E ` T�/–� ^!o1NlWwys6 \�_ p9' \�115�O7.�r nAls _ lu N1 � BT C, 4510•E � $ (RAO W �'li �.E 105._ C7i N,7 bq Ep. "� %• ) y7: � .o, LOT 10 N 7'15T 10). 871. sM. i n 1 $ tt & m 26.07 2ta7 OAn4 -lYI9 n r E W.U' 112 8 - 1 18 '; S; 0-251 tmliR. lzr scEr. RSO n e .�I• EIIIy NJ2',725T t07.N' .:{� - xa,T25T t2S8Y 23 1– •• 26' $nZ. S y x)2'1YISE tm1Y n� $i x]il3T'I�si Ip7.81' N ,Yn X1,7.1 Za Ji OW 4S $ JOH 9n RI $ a + 4 S V 1 R x]277'20'E 1mt7 R 8 R 'tau g' sZ M' R Sm t07i. O /p N521725T I07.N' H]2,Y25T 110.05 W "( Rq s3 r8 �8 18 M S g y _�p JyE � A R Aem son. � Sf � n�ns•4eY 467QZ�ll Z� - •• ND,Y2YE ImN ;.a A77 i \n Lb lb /r (qM 1tM 50ft. in' - V d 0 � � NalY2N•E 9504' u1 J N1217'TS'E 121ea_ Gt z 'R 25T lmOY R L]fi iAu0v 4N�la x]T,7'25'E 200.]1 .52, Ye� $ k' a xim' xiar xim xim xim' 80.22• J �� Yez, N R �, I� N3 7WE tmm' I n 9S Nio< Is'^ g i1 4 1 w � $ � t^= 6 � 6 7 R – R � y.Re xirt to _ / R N1)1Lm 2s'sonE ,mm' I son: svr. son. T m7 sv w m� 2e• 512 t6• LOT 19 ar 3174' 1'S7E eS20' n6]0110' X107 ]CW' Jp.pO' MYC' 29.)J' IDnSE�T _ LOT V• ses 50. n `°EE DETAILEE DETA •r $ 4„ R $I $ c \ r ON –ET 7•r ON SHEET 7 SI22T m' xi1s' – —'S— - -- - 't x1216'S3'E 00278' a/ FRET STREET njl I 1 R` Ill �SHEET F I l I lI / SEE 3 3a w' J U V DUPLICATE S'EEREDLMM aRTRACT No. 17425 LETIm® LOIS 30 LOM (I.-0. 90199E) ROM S WA , IN THE arr OF SEAL BEACH, ax)NTr OF M Wo NWETT OM avu+cE STALE OF CALIFORNIA I a vnM.7. ffAIKaa e 2Ms ILL O W9R* 1pRA1RE TRACT2015NQ nas FUSCOE DItlNEDE1IC KI112T R 7801&11 LS 7156 OCTOBER 2015 SHEET INDEX: ISE a9ET 3 M PNMT NI my Kdi EAlal6 aWr 34W3ENf, tR r111f LOGW1 a0. fl�R mon. .Tmm Imam Iftttmas xvas •+•, •r 1'o v w DETAIL 'W 3a aWn 5 Eot mns v moral •6. r m ri+z 9H 519.616 FU Iln OETNL ! LOT DETAIL L!6 AND CURVE DATA L.E iABIE (Y ! RI) (M ! 6) CURtf TAKE M2 O TA eADAs I LEMi DETAIL x0. BEMML LEICTX LI N165B'SYE 10.00' CT 216.' 20m86 ]169' (6'AN4'10' L=7157 05) L2 N55'16'12'E 40.0 C2 96'58'25• 2000.00' 24.7.45' (6=065871" L=21151' DSJ, L7 X55'16'124 I -If C3 1.1912r 326,1' 61.50' (4 k D5) Ls X6537021 99.05' C4 017'46 190800' 738' (Y ! 6) L7 141511'204 7166' 6 Y4r51• 91800.' 6251' (6.N31'2r L -63.2r R1) L6 5713656E KNS' C6 20719MO-K-O --:i6-5- 665L7 L7N5T43V7'W 3406' C7 006'51 19390' 167' L6 NSI3IVTW SS]]' (Y, m e fi) a X1'16' 10306 x.s 0 N2531'07E 757 (MIT ml (766Y RI) C9 17123' 19mm' 5106' u0 IM'A'S5'E 0801' (m ! RI) (79.88' 0.2) C10 0176r 191806 790' LII X2616561 W1' (/ RI) (1567 D2) Cil 11731' 190400 Lear 02 xOm"rx 69.96 (Y. 92 A.) CI3 111'X• 1671.06 3510' L13 N2315'104 19631' (Y k RI) 167100'IS17.4 NSSWW'W 1.m' (Y k RI ! D]) 3' 167106'L,5 N3210'I.6E 13177' (V k RI ! 0.3) 9' 100406 3757' wzs. (313L,7 E04MrQ'6 X0513170 mw' (30.51 O6) (10.15 D6) (29.50 06) M e 6) (51.22• m) (319.16 W) Io04arL18 WV'0.11 1877 ' 186606 19.66 L,9 M4765rW 2947- 6 1wwnm 1' -W 2437' s NlTw131 a.6Y ar 11657' Lamm' 140.1 LM NHS65)"E 79.07' C2] 003716 2m9m' 1162' L23 1.856'574 17C24 21021' 971.00' 31.10' l21 N WI7'E Wm' 635 011'25974W 337' 135 In336'061 t2m' C'16' 97100' 3717 M 211 116 M22B'06'W 12m' C27 751871' 17.M' 2216' 137 x2438'101 t2.ar C28 751631 uw 5632' 126 X6736'191 >.M, C!9 T419'sr 6406 9469' LM W217WE 3m' C70 Il'M13• aw i0r UI X5742'351 960' C31 25r2S 271m' 1166' LM Nulslf SZm' C34 2T5'H" IO.m' 1.56' LS] 6511X351 18m' CM 9090'm' 10ar IS71 04 Mr4Y0rW IL63' 636 90WW 10.0(1' 1171 L35 W5231D21 19.29' V7 217714' Zmear 60.89' (6=2122'21' L=6.5076' R4) LT6 x5147151 1450' C76 Onz'rL' 20mm' 210' (Y k R1) W N}ll6'SYE 11.77 C]9 mli ss' 2m0ar ..61' LHX8532'07W 16.52' / L13 H632'U2'M 6457 L, N3216'5n 319.65 UZ1125E 100.23 I 5- -F F ALLEY aruaL3e3 xMY7256 125,1 I B I I I I _ I I x]z7Y25'E 2435 I I I I -- 6633 10,33' j I I � I I I 4 I I I f j LOT to I - •C• / I MARN I � ins 54 Fr,/ I I I I / I .a DEOCATEE� IIW N I I (IS mM I I / I I � I � I I I I I I - I I _ I I I 1 I t' 1 i DETAIL T AV DETAIL •J• N Nor 1'o rvE � x61 m 67,12 6 ' I o.�,F 1 ' d ry- n T I I x3216'57'.6 I �� AFI � 1 iN>n7,35•Cu f00.m'- \LOT L 1 _ / SH' \\-Jn.B YE MIS -fir `-16'SrE I `�sner arneee�. \ W T �I aTM71 DETAIL DUAL vN - (ael \.\ DETAIL 1• D N-- ` ��lH �ca \ CIS 0,5 r I \ "A.�1% I .-1s24 I ad g 9_ - EXHIBIT B SCHEDULE OF IMPROVEMENTS FOR OCEAN PLACE SUBDIVISION FINAL TRACT MAP NO. 17425 CATEGORIES AMOUNT OF AMOUNT OF AMOUNT OF OF ESTIMATED PERFORMANCE PAYMENT IMPROVEMENTS TOTAL COST SECURITY SECURITY Rough Grading $606,930 $264,008.80 $26,400.88 Retaining Walls $31,100 In RG Bond Park Precise Grading $336,691 $336,691 $336,691 Offsite Street Improvements $430,295 $430,295 $430,295 Street, Storm Drain, Sewer and Water Improvements TOTAL $1,046,508 $1,046,508 $1,046,508 $ 2,451,524 $ 2,077,502.80 $ 1,839,894.88 $ TOTAL PERFORMANCE SECURITY: $ 2,077,502.80 TOTAL PAYMENT SECURITY: $ 1,839,894.88 TOTAL WARRANTY SECURITY: $ As S7296 -0001\2218863v1 dnc AMOUNT OF WARRANTY SECURITY SUBDIVISION BOND Bond No. 0746182 Premium: $1,505.00 KNOW ALL MEN BY THESE PRESENTS SHEA HOMES LIMITED PARTNERSHIP, A CALIFORNIA LIMITED that we PARTNERSHIP 2 Ada Irvine CA 92618 as Principal, and INTERNATIONAL FIDELITY INSURANCE COMPANY authorized to do business in the State of as Obligee, in the penal sum of , as Surety, are held and firmly bound unto CITY OF SEAL BEACH Two Hundred Sixty Four Thousand Eight and 80/100 ($ 264.008.80 ) DOLLARS, lawful money of the United States of America, for the payment of which well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, SHEA HOMES LIMITED PARTNERSHIP, A CALIFORNIA LIMITED PARTNERSHIP has agreed to construct in 1 st St. and Marina Tract No. 17425 (Ocean Place). the following improvements: Grading for 1st St. and Marina Tract No. 17425 (Ocean Place). NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall construct, or have constructed, the improvements herein described and shall save the Obligee harmless from any loss, cost or damage by reason of its failure to complete said work, then this obligation shall be null and void; otherwise to remain in full force and effect. Signed, sealed and dated this 2nd day of SHEA HOMES LIMITED PARTNERSHIP, A CALIFORNIA LIMITED PARTNERSHIP *see attached signature block Principal By: By: f Edward C. Spector Attorney -in -Fact SHEA HOMES LIMITED PARTNERSHIP, a California limited partnership By: J.F. SHEA, G.P., a Delaware general partnership, Its: General Partner By: JFS Management, L.P., a Delaware limited partnership Its: General Partner By: J.F. Shea Construction Management, Inc., a California corporation, Its: General Partner By:37f ' Doi Name: Authorized Agent Title: By. Name: Gina Gordon Title: Authorized Agent �3 V s .A �73; ?� a c3;. A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles On JUL 0 2 2016 before me, Vanessa Fong, Notary Public, personally appeared Edward C. Spector who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ar-e subscribed to the within instrument and acknowledged to me that heAhe4hey-executed the same in his/her-4heif authorized capacity(ies), and that by his4 f4heif signatures.) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. _ 1 Signatures Signature of Notary blic POWER OF ATTORNEY Bona# INTERNATIONAL FIDELITY INSURANCE COMPANY ALLEGHENY CASUALTY COMPANY One Newark Center, 2011 Floor, Newark, New Jersey 07102-5207 PHONE: (973) 624-7200 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New Jersey, and ALLEGHENY CASUALTY COMPANY a corporation organized and existing under the laws of the State of New Jersey, having their principal office in the City of Newark, New Jersey, do hereby constitute and appoint NATHAN VARNOLD, TRACY ASTON, ASHRAF ELMASRY, MARINA TAPIA, EDWARD C. SPECTOR, TOM BRANIGAN, PAUL RODRIGUEZ, SIMONE GERHARD, DARAVY MADY, LISA K. CRAIL Los Angeles, CA their true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices. This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By -Laws of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 20th day of July, 2010 and by the Board of Directors of ALLEGHENY CASUALTY COMPANY at a meeting duly held on the 10th day of July, 2015 "RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Vice President, or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of, Attomeys-in-Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation may appoint and revoke the appointments of joint -control custodians, agents for acceptance of process, and Attorneys -in -fact with authority to execute waivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same force and effect as though manually affixed." IN WITNESS WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY have each executed and attested these presents on this 31st day of December, 2017 STATE OF NEW JERSEYGPSUA4TyC+o County of EssexLU ?ice 1936 George R. James Executive Vice President (International Fidelity Insurance Company) and y Vice President (Allegheny Casualty Company) ��VJERS� On this 31st day of December, 2017 , before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly swom, said he is the therein described and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and of ALLEGHENY CASUALTY COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, P�HY C�,►(�'�% New Jersey the day and year first above written. V NOTARY :r �►•1 m: PUBLIC y • fns, :• .9T 4 •• o¢,6zo19 Cathy Cruz a Notary Public of New Jersey F ��Q` My Commission Expires April 16, 2019 O� f�EW CERTIFICATION I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By -Laws of said Companies as set forth in said Power of Attorney, with the originals on file in the home of said companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF, I have hereunto set my hand on this day, JUL G 2 2018 A00494 Maria H. Branco, Assistant Secretary L! j ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On July 6, 2018 before me, Beth Ann Hutchinson, Notary Public (insert name and title of the officer) personally appeared ----------------- Brooke Doi and Gina Gordon ----------------- who 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. BETH ANN HUTCHINSON Notary Public - California z Orange County >_ Commission a 223320= My Comm. Expires Mar 20.2022 Signatur k (Seal) J CITY OF SEAL BEACH PERFORMANCE BOND This agreement is entered into between Shea Homes Limited Partnership, hereinafter referred to as "Principal" and the City of Seal Beach, or its assigns, hereinafter referred to as "City", to ensure the completion of offsite improvement required by Building Permit No. on the property located at 1 st Street and Marina, Tract No. 17425, Seal Beach CA 90740. NOW, THEREFORE, IT IS AGREED THAT: Principal agrees to indemnify, protect, defend, and hold harmless the City and its elected and appointed officers, agents, and employees from any and all claims, demands, costs, or liability arising from or connected with the undertaking provided hereunder due to the negligent acts, errors, or omissions of Principal. Principal will reimburse the City for any expenditures, including reasonable attorney's fees, incurred by the City in enforcing the terms of this Agreement, or incurred by the City in defending against claims ultimately determined to be due to negligent acts, errors, or omissions of the Principal. 2. Principal does herewith post a performance bond in the amount of $264.008.80 for which City acknowledges receipt. 3. a) Complies with all of the terms and conditions of the permit for excavation or fill to the satisfaction of the City Engineer; and b) Completes all of the work contemplated under the permit within the time limit specified in the permit, and any extension or extensions thereof, or completes the work to a safe condition satisfactory to the City Engineer, the performance bond shall be released. 4. a) If principal, or its heirs, successors, executors, administrators, or assigns fails to comply with the aforementioned requirements, the City Engineer may order the work required by the permit to be completed or put in a safe condition to his satisfaction. b) The performance bond shall be used as necessary to pay for the completion of this work. After completion of the work, any funds remaining in this bond shall be refunded to the Principal. C) If the cost of the work exceeds the amount of this bond, Principal hereby agrees to reimburse the City for such excess costs. d) Principal agrees that if the City brings suit to collect for the work contemplated by this permit, that the reasonable attorney's fees as fixed by the court shall be paid by the Principal. 5. Principal hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Agreement, the work to be performed thereunder, with the specifications accompanying the Agreement, shall in any P:\$Brea\SHSC\Community Development\COMMUNITIES - Active\Ocean Place - Seal Beach - 17425\Fees & Perm its\Pe rfo rma nee Cash Bond.DOC Rev. 5/14/98 G c� way affect its obligations on this bond. Principal hereby waives notice of any such change, extension of time, alteration, or addition to the terms of the Agreement, the work, or the specifications. Dated: % 1 (1 119' Principal: City Receipt No.: (Attach Notary Acknowledgement) (Signature) g,�d�e Do (Printed Name) A.,-��,1 (Title) 2 Agez,5_ 113c Address (ryint� CA °t2 (O�� P:\$Brea\SHSC\Community Development\COMMUN[TIES - Active\Ocean Place - Seal Beach - 17425\Fees & Perm its\Performanee Cash Bond.DOC Rev. 5/14/98 FJ Executed in Duplicate Bond No. K13544475 FAITHFUL PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS that: Whereas, the City Council of the City of Seal Beach, State of California, and SHEA HOMES LP (hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which agreement, dated , 20—, and identified as project * , is hereby referred to and made a part hereof; and 'OFF-SITE STREET IMPROVEMENT PLANS TRACT 17425 - OCEAN PLACE - TTM NO. 17425-V.2 Whereas, Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. WESTCHESTER FIRE INSURANCE COMPANY Now, therefore, we, the Principal and , as surety (hereinafter designated as "Surety"), are held and firmly bound unto the City of Seal Beach in the penal sum of ** dollars ($ 430.295.00 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these . presents. **Four Hundred Thirty Thousand Two Hundred Ninety -Five and 00/100 The condition of this obligation is such that if the above bounded Principal, his, her, or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his, her, its 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 the City of Seal Beach, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by the City of Seal Beach in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Further, Surety hereby waives the provisions of California Civil Code sections 2845 and 2849. The City of Seal Beach is the principal beneficiary of this bond and has all rights of a party hereto. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. -1- M IN WITNESS WHEREOF, two identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of Principal and Surety being hereto affixed and these presents duly signed by Principal and by Surety's undersigned representative(s) pursuant to authority of its governing body. Dated: August 2, 2018 "Principal" SHEA HOMES LP *See Signature Block (Seal) Note. This bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. -2- "Surety" WESTCHESTER FIRE INSURANCE COMPANY (Seal) APPROVED AS TO FORM: RICHARDS, WATSON & GERSHON A Professional Corporatiop 0 Bond Number: K13544475 SHEA HOMES LIMITED PARTNERSHIP, a California limited padnership By: Nor Title By: Nam Tifie. 1E ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On August 6, 2018 before me, Bonnie MacEwan-Campbell, Notary Public (insert name and title of the officer) personally appeared ----------- Brooke Doi & John Vander Velde-----------------------a who 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ------------- WITNESS my hand and official seal.io BONNIE MACEWAN-CAMPBELL Notary Public • CaliforniaOrange County9-Commission # 2239892My Comm. Expires May 24, 2022 Signature - :�fi..— o��-fSeal) A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles On AUG 0 2 201 before me, Vanessa Fong Notary Public , personally appeared KD Conrad who proved to me on the basis of satisfactory evidence to be the person(s) whose name(o is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/ authorized capacity(ies), and that by his/her/t-heir-signature(o on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature �2�� Signature of Notary c Power of Atfomey WESTCHESTER FIRE INSUKCE COMPANY Know all man by these presents: That WESTCHESTER FIRE INSURANCE COMPANY, a corporation of the Commonwealth of Pennsylvania pursuant to the following Resolution, adopted by the Board of Directors of the said Company on December 11, 2006, to wk; -RESOLVED. that the following authoriz.narts rs" to the execution, for and on behalf of tha;CoMparty. Ofbon(W un a takings, recooZainces, Contracts and otherwrtttternwmmitments of the Company entered kto the ordinary course of business leach a Witten Commitment"): (1) Each of the Chairmen, the President and the Vlce Presidents of the Company Is hereby authorized to execute any Written Commlbnent for and on behalf of the Company, under the NO of the Company or otherwise. (2) Each duly appointed atomeydn•fect of the Company Is hereby suthatzed to execute any Written Commitment for and on behalf of the Company, under the seal of the Company or otherwise, to the extent that such action I$ autlxxized:W the gramLotpowMs provided forin such persons writim eppolrtmers-es:Wch,attOmey-h4oct . (3) Each of the Carman, the President and the Vice Presidents of the Cola hereby authorized. for arW an behalf dine Canpany, to;appointln wrking any person,the shomaydn-fact otthe Company with full power and a Niorlty to execute, for end on behalf of thacompa y, under the 9W of the Company orotherwise, srrdr Wrksert Oomnitmemeof the Compsny,eamaybe specified in such written appointment, which specification may be by general type or dela of Whitten Commltments or by spedNCetion of one or more particular Written Cortiriiunents. (a) Each of the chairman, the President and woe Presidents of the company, Is hereby authorized, for and on behalf of the Compaq, to delegate in writing any other officer or the company the sunarlty to execute, for and on behalf of the Company,tetder the Compe ty's.seel or otherwise, such Written Cormftme is of the Company as aro specified in such written delegation, which specification may be byganarol type or des of WftmCwra m ft or by sped0oaon of one or=om pamtltxlla WMm Commthim la. (e) The soviture of any ofRcer a other petsonaxeeuting anytNntlen Commitmentor appointment ordelepation pursuant to OftResolution. end lits esef ofttN Company, maybe~ bytaeaimils on such Written Commitment or written appointment or deispadon. FURTHER RESOLVED, that the foregoing Resolution shell not be deemed to be an exclusive stetement of the powers and authority of officers, empoyses and other penom to sol for and on bNtalf of fid CotltpwW. and such Resolution shall not NM or othalwiae affed.the axwelse of any Kichpowerof aetlloekyethatMAsavMidy,gwftd+orveWed. Does hereby nominift oor OVAe and appoint April MoMn*L BanedetteAlemen, EdwardC: Spector, K D Conrad, Me"M Tgft,:Netl> RVWr OK Si mxta':C3ohord, Tom O 4gert,-Tracy AMM all of the pry of Lor Amon. CalMomk: each Individually If Ntere:be morethe oro named'ks #WON lewktfeftmovwow, to make: exacm, uridarISIOW, recogrill—, contracts and other writings In the nature thered in penalties not exceeding SEVENTY MILLION DOLLARS and the execution of such WWW in PUNUVICacIf presents shelf be of W drip upon sodCompany, es fully and a dutyexecuted and acknowle ped by regularly elected officers es of the Company at its principal office, IN WITNESS WHEREOF, the said Stephen M. Haney, Vice -President, hes hereunto subscribed his name and affixed the Corporate seal of the Bald WESTCHES I FIRE INSURANCE COMPANY Nes 23 day of March 2018 WESTCHESTER FIRE INSURANCE COMPANY Stephan M. Haxy . Vice Pirokkot COMMONWEALTH OF PENNSYLVANIA COUNTY OF PHILADELPHIA sol. On this 23 day of Mardi. 2018 before me. a Notary Public of the Commonwealth of Pennsylvania in for the:Cou ly of Philadelphls cami sSwOmM.'Hw",VIcs4"sidenl ofthe WESTCHESTER FIRE INSURANCE COMPANY to me personally known to be the individual and officer who executed the pracedbtp instMrient, and he:admwkxlpd`Ufettte executed the sena and OWN* $Mt, fixed to the precednp otatrtmtem Is the corporate seal of said Company; that the said corporate sed and his signature were drily affixed by lute authority and direction of the said corporation, end that Resolution, adopted by the Board of Directors of said Company, referred to in the precedrq instrument, is now in force. IN TESTIMONY WHEREOF, I he" hereunto set my hand arid aMtad my official sW V the C2tyof Philadelphia the day and year first above written. yM Visa L WAft VAMA f, the underalgrted Assistant Secretary of the WESTCHESTER FIRE INSURANCE COMPANY, do hereby tartly that the original POWER OF ATTORNEY, of which the foreong Is a substantially true and correct copy, is in full force and effect e� }t� In witness whereof, I have hereunto subscribed my name as Assistant Secretary, aWaffix ;ed the corponete seal of the: Corporation, this _ day of 0 2D tl! 20 'e• An)• MUAke seNSITivv ®tie 0 THIS POWER OF ATTORNEY MAY NOT BE USED TO EXECUTE ANY BOND WITH AN tNCEPT1ON DATE AFTER MARCH 23, 202E OocuGard x04546 contains a security pantograph, blue background, heat -sensitive Ink coin -reactive watermark, and microtext printing on border. "'�� NEA. �` Executed in Duplicate Bond No. K13544463 FAITHFUL PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS that: Whereas, the City Council of the City of Seal Beach, State of California, and SHEA HOMES LP (hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which agreement, dated , 20_, and identified as project * , is hereby referred to and made a part hereof; and *STREET, STORM DRAIN, SEWER AND WATER IMPROVEMENT PLANS TRACT 17425 - OCEAN PLACE - TTM NO. 17425-V.2 Whereas, Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. WESTCHESTER FIRE INSURANCE COMPANY Now, therefore, we, the Principal and , as surety (hereinafter designated as "Surety"), are held and firmly bound unto the City of Seal Beach in the penal sum of ** dollars ($ 1,046,508.00 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. **One Million Forty -Six Thousand Five Hundred Eight and 00/100 The condition of this obligation is such that if the above bounded Principal, his, her, or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his, her, its 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 the City of Seal Beach, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by the City of Seal Beach in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Further, Surety hereby waives the provisions of California Civil Code sections 2845 and 2849. The City of Seal Beach is the principal beneficiary of this bond and has all rights of a party hereto. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. 0 IN WITNESS WHEREOF, two identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of Principal and Surety being hereto affixed and these presents duly signed by Principal and by Surety's undersigned representative(s) pursuant to authority of its governing body. Dated: August 2, 2018 "Principal" SHEA HOMES LP By: *See Signature Block (Seal) Note: This bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. -2- "Surety" WESTCHESTER FIRE INSURANCE COMPANY By: N/A Its: (Seal) APPROVED AS TO FORM: RICHARDS, WATSON & GERSHON A Professiona orpora n By: City Attorney Bond Number: K13544463 SHEA HOMES LIMITED PARTNERSHIPS a California limited parinership Wil• - _-4 Title: `fit' ----� - John Vander Velde Assistant Secretary ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On August 6, 2018 before me, Bonnie MacEwan-Campbell, Notary Public (insert name and title of the officer) personally appeared ----------- Brooke Doi & John Vander Velde-----------------------a , who 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. BONNIE MACEWANdAMPBELL Notary Public • California = Orange County f f Commission # 2239892 r My Comm. Expires May 24, 2021 Signature al) 01, t A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles On AUG Q 2 2018 before me, Vanessa Fong, Notary Public , personally appeared KD Conrad who proved to me on the basis of satisfactory evidence to be the person{} whose namef s-) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in h�s/her/theif authorized capacity(-ieo, and that by his/her/their-signature(on the instrument the person{s}, or the entity upon behalf of which the person(acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signature of NotaV?7=11c Power of WESTCHESTER FIRE INSURANCE COMPANY Adomey Know all man by these presents: That WESTCHESTER FIRE INSURANCE COMPANY, a corporation of the Commonwealth of Pennsylvania pursuant to the following Resolution, adopted by the Board of Direct= of the said Company on December 11, 2008, to wil: .RESOLVED. that the foltowlrhg aWhonratlans rappe Loft eXecut onc•for andon behalf of the Comaq; pof bonds, LrdortOdngs, recogni contlacts and: other V~ Canmitmerxs of the Compmy ahtesd arse the ar dnay course or buslneswlesch a'WnsenCanrmitmera'): (1) Each of the Chairman, the President and the Vice Presidents of the Comparry is hereby authorized to execute any Written Commitment for and on behalf of the Company, under the seal of the Company or otherwise. (2) Each duty appointed attomey-in-fact of the Compeny Is hereby authorized to execute any Written Commitment for and on behalf of the Company, under the seal of the Company or otherwise, to the erdsrt 0* Such action is aahcrizedby the Want ofpowers provided fain such persons writteneppoieilrrr* :as Such s�etr in feet . (3) Each of the Chairmen. the President ansfthe Vice Presidents of the Company Is hereby aut erhted, for and on behalf of the Company. to appoint In writing any personthe ato may -in -fact of the Company with full power and-autmomy h wWft for andon behalf of the Company. Wder the eeai of the Compary orat,erw ism, such WntleehCommtmeas-oittu crxnpeny.ee may be Specified In sum written appointment, whkh spednceton may be by on" type or class of Written Commitments or by specification of one or more paroa,ler Winter, commitments. (a) Each of the Chairmen, the President end vice Presidents of the Company Is hereby authorized, far and on behalf of the Compaq, to delegate in writ% any other officer of the Company the auhodq to execute, for and on behalf of the Company, under the Compeny's seal or otherwise such Written Commitments of he Company a aro specified In such written delegation, which specification may be bygeneN"or ruse of Writ w Commtrneras orby specl8athn of one or -more partlalter WdtmCommitiw . (5) The signature ofarry dkw or otPw person oteaAing any'Wriaah Commitmenterr appolntmeM or delegetion pursuant to Oft Resolution, and the see0 of he Company, maybe atbced byfaatnte on such Written Commitment or written appointment or daiegetion. FURTHER RESOLVED, that the foregoft Resolution shell not be deemed to be an exclusive statement of the powers and authority of officers, employees and other pars" to act for end on behalf of the Company, and such Resolution stall not tmit or otherwise eHectthe exisock".of any succh poweror a tnhontyotwmsavet*V*nxed or rasw. Does hereby nominate, constitute and appoint April MertlrmM SernedetterAlemen, EdwardC Spector, K 0 Conrad. Marine TSOW Neghen Vamold, Strane 0elherd, Ton Bnrnigen. Tracy Aston all of he'Cty of Lot Angeles, Cellfcrr W each ktdviduaty If here be more man one named,ft true and lawtttd ittoMy n pact, to'melte, exetaae. aealmn( #S WW onka behaM. and<as ittectatnd dsadarq and allb nds, undertswo, recognlzmces, contracts and other writings in the nous thereof In penalties not exceeding SEVENTY MILLION DOLLARS 6 ZERO CENTS (S70,oOD,000.00) and the execution of such writings in pursuance of these presents shell be as binding upon said Company, as fully and amply as If they had bash duty executed and scknawledged by the regularly elected officers of the Company at its principal office, IN WITNESS WHEREOF, the said Stephen M. Haney, Via -President, has hereunto subscribed his name and affixed the Corporate east of the said WESTCHESTER FIRE INSURANCE COMPANY this 23 day of Merch 2018 WESTCHESTER FIRE INSURANCE COMPANY Staphett M. Haney, Via Provident COMMONWEALTH OF PENNSYLVANIA COUNTY OF PHILADELPHIA W On this 23 day of Merck 2018 before me, a Notary Ptaitc of the CAnuttonw asith of ?emeylvame in and for ft Cowq of PNIUMPNa COMS.StlWhartlill. y ,Vla�PMOdera "a WESTCHESTER FIRE INBURANCE OOMPANYto me personally tnown tube the WNdLW end ofear who eraeNed'tha preeeding iMVttntera and iter to tw axacuted heserwand to the sea~ to the Diw"w Is ehiis corporate A" of sod to inn pa prec�np inawCorporate no al a vignewre were duty afmr.tf by the autady and dlrectonof the sad corporation, and to Resolution, adoptee by the IN TESTIMONY WHEREOF, I -have hereunto eetmy hand -and :atUxed my official "0 at thisCityof Philadelphia ft day and year first above written, }NS7wrr 7"M VSA 1, the undersigned Assistant Secretary of the WESTCHESTER FIRE INSURANCE COMPANY, do hereby cenity that the original POWER OF ATTORNEY, of which the foregobp is s substantially true and correct copy, is in Nil lora and effad. In wIlress whered, t hove hereunto subscribed my riame, n Assistant SKiretary, OW the cDrponft seal of the Corponstim this day of, AUG_0 "R1� 20 THIS POWER OF ATTORNEY MAY NOT BE USED TO ]EXECUTE ANY BOND WITH AN INCEPTION DATE AFTER MARCH 23, 2020. (o DocuCard $04346 contains 8 secllrlty pantograph, blue background haat sanslttue fink coin -reactive watermark, and microtezt printing on border. w cw M9.1 & Bond No. K13544475 PAYMENT BOND KNOW ALL PERSONS BY THESE PRESENTS that: Whereas, the City Council of the City of Seal Beach, State of California, and SHEA HOMES LP (hereinafter designated as "Principal") have entered into an agreement whereby the Principal agrees to install and complete certain designated public improvements, which agreement, dated , 20_, and identified as project * , is hereby referred to and made a part hereof; and **OFF-SITE STREET IMPROVEMENT PLANS TRACT 17425 - OCEAN PLACE - TTM NO. 17425-V.2 Whereas, under the terms of the agreement, the Principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Seal Beach to secure the claims to which reference is made in Part 6 (commencing with Section 8000) of Division 4 of the Civil Code. WESTCHESTER FIRE INSURANCE COMPANY Now, therefore, the Principal and , as corporate surety (hereinafter designated as "Surety"), are held firmly bound unto the City of Seal Beach and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the agreement and referred to in Part 6 (commencing with Section 8000) of Division 4 of the Civil Code in the sum dom Hundred Thirty Thousand Two Heft?nett'-Five and 00/100 ($430,295.00 ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the 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 attorneys' fees, incurred by the City of Seal Beach in successfully enforcing this 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 inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Part 6 (commencing with Section 8000) of Division 4 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. Further, Surety hereby waives the provisions of California Civil Code sections 2845 and 2849. The City of Seal Beach is the principal beneficiary of this bond and has all rights of a party hereto. The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration, or addition. -1- IN WITNESS WHEREOF, two identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of Principal and Surety being hereto affixed and these presents duly signed by Principal and by Surety's undersigned representative(s) pursuant to authority of its governing body. Dated: August 2, 2018 "Principal" SHEA HOMES LP By: *See Signature Block (Seal) Note: This bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. -2- "Surety" WESTCHESTER FIRE INSURANCE COMPANY By: N/A Its: (Seal) APPROVED AS TO FORM: RICHARDS, WATSON & GERSHON A Professional Corporation M City Attorney Bond Number: K13544475 SHEA HOMES LIMITED PARTNER$HIP, a Callfomia limited partnership By: Narr Title By: slam Tile ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On August 6, 2018 before me, Bonnie MacEwan-Campbell, Notary Public (insert name and title of the officer) personally appeared ----------- Brooke Doi & John Vander Velde-----------------------a who 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal.*My BONNIEMACEWAN-CAMPBELL Notary Public - CaliforniaOrange County Commission # 2239892 Comm. Expires May 24, 2022 Signature �. 14�Seal) A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of _ Los Angeles On AUG Q 2 2018 before me, Vanessa Fong, Notary Public , personally appeared KD Conrad who proved to me on the basis of satisfactory evidence to be the personfs) whose name} is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/diem authorized capacity(ies), and that by hi-s/her/thei-r-signature{s.} on the instrument the person(, or the entity upon behalf of which the persons acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature`'`��_ Signature of blic Power of WESTCHESTER FIRE INSU CE COMPANY Army Know tiff men by these presents: That WESTCHESTER FIRE INSURANCE COMPANY, a corporation of the Commanvealth of Pennsylvania pursuers to the following Resdulk n, adopted by the Board of Directors of the said Company on December 11, 2008, to wit: 'RESOLVED. that the following authorization relit to the execution, for and on behalf of the Company; of bonds. underWdngs, recognizonces, contracts and O#wwmten commitments of this Company entered no the ordinary courn of business (each s WrltlenCwm*meW): (1) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized to execute any Written Conshitment for and on behalf of the Comperry. under the a" of the Company or otherwise. (2) Each duly appointed eaomsy-in-fact W the Company Is hereby authorized to execute any Written Commitment for and on behalf of rhe Company, under the seat of the Company or otherwise, to the extent that iuch action la authorized by the grUtof powers provided for In such persona wriaan appomlmtntas sudtettamey4n-fact. (3) Each of the Chairmen, the President end the Vlore Presidents of the Companyis heresy au diodzed, for and behalf of Company, Wappoem•m writing any peraon:ux eltomey4m-tact of the Company with full power end authority to execute, for and en behelf of the Company, under the seat of the Company or ohowtee, such Wdaan Commlanerae of that Company may be specified in such written appointment which specincston may be by general type or class of Written Commitments or by specmcailon of one or more particular Written Commimantt. (a) Each of the Chairman, the President and Vice Presidents of the Company Is hereby authalzed, for and on behalf or the Company, to delegate In writing any other officer of the Company the authont) to execute, for and on behalf of the ;Company. retie this Compenysasei or otherwise, such Written Comnvtmemsa the Company a we,speaned In such wtaten dehegeton, wrtctr-spedficaton may be by general typsor cities of Written Commitments; orby specafioaton of one or more particular Written Commitments. (5) The signature of any atfirar orotber person executing any Witten Commitment or appoinhme t or delegation to this Resolution, and to seal ofthe Company, may to affixed by lacsimta on such Written Commitment or written appointment or delegation. FURTHER RESOLVED, that the foregoing Resolution shall not be deemed to be an exclusive statement of the powers and suthomly of officers, employees and Other persons to ad for and on behalf of the Company, and such Resolution shell not oronherwlse ~ this exiscieeof any such power: or sueho lyootherwisevalkxygramedavested. Does .hereby nominate, constitute and appoint April Marlena;, Bernadests Al men, EdHerdCSpedar, K D Conrad, Marks Tsp*N~ Vamad, Sirmorw kdhsrd, Tcm,BrerMgen. Tracy Aston all of the Cly of to mhces, contracts Individually d wrltln�gs m nature thensof In paneities not exceeding %WENTI MILLION DOLLARS 6 ZERO CENTS WM,t be more than one niameaft true and to malts, execute, sedandi0vair 0.00) and the execution such wmtrgs m prsu ofs than presents shall be as binding upon said Company, as fully and amply as M they had been duly executed and sdarowaAsdged by the regularly elected officers of the Company at its principal office, IN WITNESS WHEREOF, the said StephhenM. Haney, VW&Prealderk no hereunto subscribed his name and ellbad;the Corporate reel of the sold WESTCHESTER FIRE INSURANCE COMPANY this 23 day of March 2018 WESTCHESTER FIRE INSURANCE COMPANY !, Stephen M. Hanay, , Via President COMMONWEALTH OF PENNSYLVANIA COUNTY OF PHILADELPHIA es. On this 23 day of Mardi. 2018 before ma, a Notary PtabNe aha Comnwnwroelth of Pannsylveda In' and for to=County crfPhUadsiphwsCanaSapthen-M: Flsrrey .VICbPrasltlEnt oftia WESTL (ESTER FOE INSURANCE COMPANY'te rte penonalry known to be the IrxliNdual titb officer who e7cepAed the pntceArg Itatrumenl arhA heed t+et he executed the sierra, orb tat to seeFed to the prscedirtg fnSWmert K ire rarporate seal of raid Company; that the tab tbrporete teal and hws signMurs were day eflbad by the aWhoAly end dirocdon of the aeb conporanlon, and that Resolution. adopted by the Board ar olredore or salt company, referred to m the preceding mebument, te naw m cora. IN TESTIMONY WHEREOF, i have hereunto so my hand and affixed my official Sestet. the >OW Philadelphia the day and yew AM above wdterh. 22smaramor aavamv.Aw Fft Rolm t i0' I�tMIK RLAI. 1, the undersigned Assistant Secretary of the WESTCHESTER FIRE INSURANCE COMPANY, do hereby certify, that to original POWER OF ATTORNEY, of which the foregoing Is a substantially in* and correct copy, Is In force andafhct. In witness whereof, l hews hereunto subscribed my rame as Assistant Secretary, and emxed the corporate seal of the Corporation, this T_ day of AVG A 2 2018 20_ THIS POWER OF ATTORNEY MAY NOT BE USED TO FAECUTE ANY SONO WITH -AN INCEPTION VATS AFTER MARICK 23,2= DocuGard 404546 contains a securitypantograph, blue background heat sensitive ink, coin -reactive watermark, and microtext printing on border. L Bond No. K13544463 PAYMENT BOND KNOW ALL PERSONS BY THESE PRESENTS that: Whereas, the City Council of the City of Seal Beach, State of California, and SHEA HOMES LP (hereinafter designated as "Principal") have entered into an agreement whereby the Principal agrees to install and complete certain designated public improvements, which agreement, dated )20 —, and identified as project * , is hereby referred to and made a part hereof; and *STREET, STORM DRAIN, SEWER AND WATER IMPROVEMENT PLANS TRACT 17425 - OCEAN PLACE - TTM NO. 17425-V.2 Whereas, under the terms of the agreement, the Principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Seal Beach to secure the claims to which reference is made in Part 6 (commencing with Section 8000) of Division 4 of the Civil Code. Y Now, therefore, the Principal and WESTCHESTER FIRE INSURANCE coMporatI as cor surety (hereinafter designated as "Surety"), are held firmly bound unto the City of Seal Beach and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the agreement and referred to in Part 6 (commencing with Section 8000) of Division 4 of the Civil Code in the sum of One Million Forty -Six Thousand 1va89[V Eight and 00/100 ($1,046,508.00 J, for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the 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 attorneys' fees, incurred by the City of Seal Beach in successfully enforcing this 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 inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Part 6 (commencing with Section 8000) of Division 4 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. Further, Surety hereby waives the provisions of California Civil Code sections 2845 and 2849. The City of Seal Beach is the principal beneficiary of this bond and has all rights of a party hereto. The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration, or addition. -1- 05 IN WITNESS WHEREOF, two identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of Principal and Surety being hereto affixed and these presents duly signed by Principal and by Surety's undersigned representative(s) pursuant to authority of its governing body. Dated: August 2, 2018 0 "Principal" SHEA HOMES LP *See Signature Block (Seal) Note: This bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. -2- "Surety" WESTCHESTER FIRE INSURANCE COMPANY Its: (Seal) APPROVED AS TO FORM: RICHARDS, WATSON & GERSHON A Professional Corporation City Attorney Bond Number: K13544463 SHEA HOLES LIMITED PARTNERSHIP, a Callfomia limited partnership By: Narr Title By: N ar Title ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On August 6, 2018 J before me, Bonnie MacEwan-Campbell, Notary Public (insert name and title of the officer) personally appeared ----------- Brooke Doi & John Vander Velde----------------------� who 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. BONNIE MACEWAN{AMPBELL Notary Public - California = Orange County Commission # 2239892 My Comm. Expires May 24, 2022 Signature_. A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles On AUG 6 2 2018 before me, Vanessa Fong Notary Public , personally appeared KD Conrad who proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/afe subscribed to the within instrument and acknowledged to me that he/she/fey executed the same in hi-s/herMiei-r authorized capacity(ies), and that by hi-s/her/thei-r-signature(-s) on the instrument the person(s4, or the entity upon behalf of which the person(s} acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signature of Not blic Power of WESTCHESTER FIRE INSU- CE COMPANY Adomey Know all men by these presents: That WESTCHESTER FIRE INSURANCE COMPANY, a corporation of the Commonwealth of Pennsylvania pursuant to the following Resolution, adopted by the Board of Directors d the said Company on December 11, 2005, to wit: 'RESOLVED, that Me %Qowifp suitaUsdorx raMte to the execution, for and on behalf of the Company, of bonds, urwertekMtAs, recogmzancea, corNracWW other W wAn commitments of the Company entered Into the ordinary souse of business (each a "Written Commitment'): (1) Each of the Chairman, the President and the Vice Presidents of the Company Is hereby suiho ;zed to execute any Written Commitment for and on behalf of the Company, under the seal of the Company or odmerwise. (2) Each duty appointed attorney-in-fact of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company, under the seal of the Company or otherwise, to the extent that such action Is authorized by the gram of pow mprovlded for;in such persons wriumappolntnMk es &xh stone i4ri-fact. (3) Each of aro Chairman, the President ad theVkx Presidents of the Company is hereby authorized, for and on behalf of this Company, b appointin writing any personthe etontay4n tact d the Company with full power and authorityto execute, for and an behalf a thwCompo y, under the seal d the CwrmW or onhenrlse, Such Written Commitments; of the Company as may be speaeedln such written appointment, witch specification may be by general type or clew of Written Commitments or by specification of one or mac particular Written Commitments. (4) Each of the Chairman, the President ad Vice Presidents of the Company is hereby authorized, for and on behalf of the Company, to delegate in writing any other officer of the Company the authom) to execute, for and on behalf Of the Company, !chlor the Compw*&s for otherwise, such Written Commitments of time Compeny as aro specified In such writtendelaWon, which spadkedon may be bygeneral type or class ofwrman CommlaneEm or by speiMlcadon of orleor more particular Written Commitments. (B) The Signature of any o!{Icerof other person axSMAV any Written Commtfinem or appointment or'delegation pursuant to this Resolution, and the seat of the Comparty, may be aPonbd byfw&Wle on such Witten Commitment or written appointment or relegation. FURTHER RESOLVED, that the bnotg Resolution Shell not be deemed to be an exclusive statement of the powers and authority d officers, employees and other persons to so for and on behalf dame company, and such Resolution Shall notatn<torotnenwae affect the exercise of any such power or auth0ftotherwise vaWgremed orwued. Doss hereby nominate, constitute and appoint April Ma*wm BemedeaeAleman, Edward C S'perdor, K D Coned, M@rkeTep*.Ns#w VAwrx4 Simone Gerhard, Tom Brartigen, Tracy Aston all d the Cay of Lot Angeles, Callfomle, each Individually if there be mom than one named, Its true and lawtufi to make, execute, ve e, sesSerlver om' behelf; and tt*0 e YmddWenyltdall bonds, undertaldops, reeogntt�as, contracts and other writings in the nature thereof in penalties not exoseclinp SEVENTY MILLION DOLLARS 6 ZERO CENTS (11170,001),ODOAM and the execution of such wriargs in pursuance of these presents shall be as binding upon sold Company, as fully and empty as if they hod been duly executed and acknowledged by the regularly elected officers of the Company at Its principal office, IN WITNESS WHEREOF, the Said Stephen M. Haney, Vice-Prewde t, has hersunb subscribed his mane and affixed the Corporate seal of the said WESTCHESTER FIRE INSURANCE COMPANY this 23 day of Macit 20711 WESTCHESTER FIRE INSURANCE COMPANY S"hsm M. Haney. Vice Presideat COMMONWEALTH OF PENNSYLVANIA COUNTY OF PHILADELPHIA u. On We 23 day ef March, 2018 before me, a Notary PLOW of the Cartxnanweem of Parmylvierts hand forte County PhiledelpMecaneSMOWWM. Harey,VJMPr$Wdem of the WESTCHESTER FORE INSURANCE COMPANY to me personally known to be the Individual and officer who exon ad fhe prate ft instru aK and he tdalowledp t! he executed the same, and that tleso sifted to the Preceft ir*V~t is the corporate seal of said Company; that this said corporate seat and his signature were duty aObred by the authority end 0110tin of the Said corporation. and that Re sokNm, adopted by the d Olrectorsd said Compaq, refered to In the prahxding instrument, is now nn fore. IN TESTIMONY WHEREOF, t have hereunto satmy hand and affixed MyoOlctal saal at the Cltyd Philadelphia te day and yesrfrat above written. ri�x��w,y'"• li01TA11fI1�8EA{. V �'I'F� PMbla tri: A .+ �pKarytlh�lk I, the WXWWfpted ASSMSM Secretary of the WESTCHESTER FIRE INSURANCE COMPANY, do hereby caniy that the criglnai POWER OF ATTORNEY, Of which the foregoing is a Substantially he end txtrrect ropy. Is in full lame and siert. �(: in whtiess wtbreof, I:hevehereunto subscribed my name as Assista t Secratery, andafaxed the corporate Seal of ate Corporsam, he __,_day I �'1 I .2 211 ' . � � i��r',1 �I e•'a,ri�rYfYi:.4V+x,1 is\+ �,h baN�nivr aH Pia THIS POWER OF ATTORNEY MAY NOT BE USED TO -EXECUTE ANY BOND WITH AN INCEPTION DATE AFTERMItRCH 23, 2020. DocuGard,X04546 contains a security pantograph blue background, heat sonsttive ink coin -reactive watermark and microtext printing on border, ""N HEAT �^`"