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AGMT - Centex Homes
• • CITY OF SEAL BEACH AND = CENTEX HOMES SUBDIVISION IMPROVEMENT AGREEMENT THIS SUBDIVISION I MPROVEMENT AGREE ENT, herein after referred to as "this Agreement," is made and "effective as of p,4 /t o75 • en/ by and between tho CITY OF SEAL BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY ", and CENTEX HOMES, hereinafter referred to as "SUBDIVIDER ". In consideration of the approval by CITY of the final map of the SUBDIVISION described below and the mutual covenants and agreements contained herein, CITY and SUBDIVIDER agree as follows: RECITALS This Agreement is made with respect to the following facts that each party acknowledges as true and correct: Final Map No.: Tract No. 15797 (hereinafter referred to as "the SUVBDIVISION) `Jesting Tentative Map Resolution of Approval: City Council Resolution No. 4735 Resolution Amending Conditions of Approval: City Council Resolution No. 4833 Title of Improvement Plans: ▪ Tract No 15797 Rough Grading Plan & Erosion Control Plan • Sewer Connection To Orange County Sanitation District For Tract 15797 • Sewer Improvement Plans For Tract 15797 • Water Improvement Plans For Tract 15797 • Street And Private Storrn Drain Plans For Tract 15797 • Tract No. 15797 Model Precise Grading Plan • Tract No. 15797 Production Precise Grading Plan • Tract No. 15797 Retaining Wall Plan • Tract No. 15797 Park Grading Plan Surety Company: Name: SAFECO INSURANCE COMPANY OF AMERICA Address: SAFECO PLAZA, SEATTLE, WA 98185 Contact Person: ALLYSON DEAN Estimated Cost of Improvements: Streets and Storm Drains $ 675,129.52 Water $ 137,301.00 Page 1 of 13 (Subdivision Agreement) } • • Sewer $ 103,525.00 Model Precise Grading $ 6,664.90 Production Grading $ 14,166.00 Estimated Total Cost of Improvements: $ 936,786.85 Faithful Performance Bond No.: Co t t l t 00 Labor & Materials Bond No.: Cv 1 1 t 1 00 Estimated Total Cost of Monumentation: $ 17,500.00 Monumentation Bond No.: Col 1 t 1 Wutvr. .. tue.: Co11t1 Ol A. SUBDIVIDER has presented to CITY for approval and recordation a final subdivision map of the SUBDIVISION pursuant to provisions of the Subdivision Map Act of the State of California and CITY ordinances and regulations relating to the filing, approval and recordation of subdivision maps. The Subdivision Map Act and CITY ordinances and regulations relating to the filing, approval and recordation of subdivision maps are collectively referred to in this Agreernent as "the Subdivision Laws." B. A tentative rnap of the SUBDIVISION has been approved subject to the Subdivision Laws and to the requirements and conditions contained in Seal Beach Council Resolution No. 4735 and Resolution Amendingtonditions of Approval City Council Resolution No. 4833 which resolutions are hereinafter referred to "the Resolutions cf Approval." The Resolution of Approval is on file in the office of the City Clerk of CITY, which official is hereinafter referred to as "the City Clerk," and is incorporated into this Agreement by reference. C. In consideration of approval by CITY of a final map for the SUBDIVISION, SUBDIVIDER desires to enter into this Agreement, whereby SUBDIVIDER promises to instali and complete, at SUBDIVIDER's own expense, all the public and private improvernent work required by CITY in connection with the proposed SUBDIVISION, which improvement work is herein after referred to as "the required improvements." SUBDIVIDER has secured this Agreement by improvement security required by the Subdivision Laws and approved by the City Attorney of CITY, which official is hereinafter referred to as "the City Attorney." • D. Complete Improvement Plans for the construction, installation and completion of the required improvements have been prepared by SUBDIVIDER and approved by the City Engineer of CITY, which official is hereinafter referred to as "the City Engineer." The Improvement Plans for the SUBDIVISION are on file in the office of the City Engineer and are incorporated into this Agreement by this reference. All references in this Agreement to Page 2 of 13 (Subdivision Agreement) • the Improvement Plans shall include reference to any specifications for the improvements as approved by the City Engineer. E. Within thirty (30) days after completion of the required improvements and their acceptance by CITY, it is necessary that certain monuments and stakes be installed as specified on the final map for the SUBDIVISION. AGREEMENT NOW, THEREFORE, in consideration of the approval by CITY of the final map of the SUBDIVISION, SUBDIVIDER and CITY agree as follows: 1. SUBDIVIDER's Obligations to Construct Improvements. SUBDIVIDER shall: a. Comply with all the requirements of the conditions of the approved tentative map of the SUBDIVISION. b. Construct and install at SUBDIVIDER's own expense all the required improvements in conformance with the Improvement Plans and CITY standards. c. Commence the construction and installation of the required • improvements.within 180 days from the by CITY of the final map of the °-`.SI.'IBDIVISION_ and complete such work within two ;(2)years'from the date.of the • approval. • d.Acquire -and dedicate, or pay /the cost of acquisitionby CITY, of all rights - of -way, easements and other interests in real property for construction or installation of the . required improvements, free and clear of all liens and encumbrances. SUBDIVIDER's obligations with regard to acquisition by CITY of off -site rights -of -way, easements and other interests in real property shall be subject to a separate agreement between SUBDIVIDER and CITY. SUBDIVIDER shall also be responsible for obtaining any public or private drainage easements or authorizations to accommodate the SUBDIVISION. 2. Acquisition and Dedication of Easements or Rights -of -Way. If any of the public improvement and land development work contemplated by this Agreement is to be constructed or installed on land not owned by SUBDIVIDER, no construction or installation shall be commenced before: a. The offer of dedication to CITY of appropriate rights -of -way, easements or other interest in real property, and appropriate authorization from the property owner to ailow construction or installation of the improvements or work, or b. The dedication to, and acceptance by, CITY of appropriate rights -of -way, easements or other interests in real property, as determined by the City Engineer, or Page 3 of 13 (Subdivision Agreement) • c. The issuance by a court of competent jurisdiction pursuant to the State Eminent Domain Law of an order of possession. SUBDIVIDER shall comply in all respects with the order of possession. Nothing in this Section 2 shall be construed as authorizing or granting an extension of time to SUBDIVIDER. - 3. Security. SUBDIVIDER shall at all times guarantee SUBDIVIDER's performance of this Agreement by furnishing to CITY, and maintaining, good and sufficient security as required by the Subdivision Laws on forms approved by the City Attorney for the purposes and in the amounts as follows: a. to assure faithful performance of this Agreement in regard to the required • improvements in an amount of 100% of the estimated cost of the improvements; and • b. to secure payment to any contractor, subcontractor, persons renting equipment, or furnishing labor and materials for the required improvements in the additional amount of 100% of the estimated cost of the improvements; and c. to guarantee and warranty the work done pursuant to this Agreement for a period of one (1) year following acceptance thereof by CITY against any defective work . c labor done or defective materials furnished in the additional amount of 25% of the • ;stimated. cost of:the improvements; and • . • . d to°assure.taithfuiperormance . of the•instailation , of monuments and stakes -specified -on'th&final -map of the SUBDIVISION"in the:additional amount of.100% of _The estimated cost of such - installation. • e. The securities required by this Agreement shall be kept on file with the City Cierk. The terms of the security documents referenced on Page 1 of this Agreement are incorporated into this Agreement by this reference. If any security is replaced by another approved security, the replacement shall be filed with the City Clerk and, upon riling, shall be deemed to have been made a part of and incorporated into this Agreement. Upon filing of a replacement security with the City Cierk, the former security may be released. Security shall not be replace without the prior written approval of the City Engineer. 4. Inspection. SUBDIVIDER shall at all times maintain proper facilities and safe access for inspection of the required improvements by CITY and to the shops wherein any work is in preparation. Upon completion of the work, SUBDIVIDER may request a final inspection by the City Engineer or the City Engineer's authorized representative. If the City Engineer, or such official's authorized representative, determines that the work has been completed in accordance with this Agreement, then the City Engineer shall certify the completion of the public improvements to the City Council of CITY. which body is hereinafter referred to as "the City Council." No improvements shall be finally accepted Page 4 of 13 (Subdivision Agreement) • • • unless all aspects of the work have been inspected and determined to have been completed in accordance with the Improvement Plans and CITY standards. SUBDIVIDER shall bear all costs of plan check, inspection and certification. 5. Release of Securities. Subject to approval by the City Council, the securities required by this Agreement shall be released as follows: a. Security given for faithful performance of any act, obligation, work or agreement shall be released upon the final completion and acceptance of the act or work, subject to the provisions of subsection (b) hereof. b. The City Engineer may, in such official's sole discretion, release a portion • of the security given for faithful performance of improvement work as the improvement progresses upon application therefore by SUBDIVIDER. In no event shall the City Engineer authorize a release of the improvement security that would reduce such security to an amount below that required to guarantee the completion of the improvement work and any other obligation imposed by this Agreement. c. Security given to secure payment to the contractor, his or her subcontractors and to persons furnishing labor, materials or equipment shall, six (6) : rnonths :after the :completion'and acceptance of reduced to an amount equal ro. the-total ciaimedtby all.blaimants forwhom.liens•have been'filed and of which notice has • ,been given?to the City Council ,plus - an amount;reasonably.determined by the City , . — Engineer to be :required;to;assure the performance'of anyother :obligations secured by the • security. The balance of the security shall be released upon the settlement of ail claims and obligations for which the security was given. d. No security given for the guarantee or warranty of work shall be released 'Intl' the expiration of the warranty period and until any claims filed during the warranty period have been settled. The warranty period shall not commence until certification of completion of all the required improvements and until final acceptance of all the work and improvements by CITY. e. CITY may retain from any security released an amount sufficient to cover costs and reasonable expenses and fees, including reasonable attorneys' fees. 6. Injury to Public Improvements, Public Property or Public Utilities Facilities. SUBDIVIDER shall replace or have replaced, or repair or have repaired, as the case may be, all public improvements, public utilities facilities and surveying or subdivision monuments that are destroyed or damaged as a result of any work under this Agreement. SUBDIVIDER shall bear the entire cost of replacement or repairs of any and all public or public utility property damaged or destroyed by reason of any work done under this Agreement, whether such property is owned by the United States or any agency thereof, or Page 5 of 13 (Subdivision Agreement) • • the State of California, or any agency or political subdivision thereof, or by CITY or any public or private utility corporation or by any combination of such owners. Any repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer. 7. Permits. SUBDIVIDER shall, at SUBDIVIDER's expense, obtain all necessary permits and licenses for the construction and installation of the improvements, give all necessary notices and pay all fees and taxes required by law. 8. Payment of Sewer Connection Fees. SUBDIVIDER shall pay all CITY sewer connection fees for each building parcel at the time of issuance of a building for each building parcel. These fees are stipulated in the latest fee resolution as adopted by the City Council and are based on water meter sizes and type of development. 9. Default of SUBDIVIDER. a. Default of SUBDIVIDER shall include, but not be limited to, SUBDIVIDER's failure to timely commence performance pursuant to this Agreement; SUBDIVIDER's failure to timely complete construction of the required improvements; SUBDIVIDER's failure to timely cure any defect in the required improvements; SUBDIVIDER's failure to perform substantial construction work for a period of ninety (90) ,days after.commencement-of -.the work, excepting•therefrom delays beyond SUBDIVIDER's 'control; SUBDIVIDER's insolvency „appointment of a. receiver; or the filing of an`y petition In • • '.'::bankruptcy eithervoluntary- or involuntary,.that'SUBDIVIDER'fails to dischargetwithinthirty • (30)-days; the commencement of a foreclosure action:against the SUBDIVISION or a • portion thereof, or any conveyance in lieu or in avoidance of foreclosure; or SUBDIVIDER's failure to perform any other obligation under this Agreement. b. CITY reserves to itself all remedies available to it at law or in equity for breach of SUBDIVIDER's obligations under this Agreement. CITY shall have the right, subject to this section, to draw upon or utilize the appropriate security to mitigate CITY's damages in event of default by SUBDIVIDER. The right of CITY to draw upon or utilize the security is additional to and not in lieu of any other remedy available to CITY. It is specifically recognized that the estimated costs and security amounts may not reflect the actual cost of construction or installation of the required improvements and, therefore, CITY's damages for SUBDIVIDER's default shall be measured by the cost of completing the required improvements. The sums provided by the improvement security may be used by CITY for the completion of the required improvements in accordance with the improvement plans and specifications contained herein. c. In the event of SUBDIVIDER's default under this Agreement, SUBDIVIDER authorizes CITY to perform such obligation twenty (20) days after mailing Page 6 of 13 (Subdivision Agreement) • • written notice of default to SUBDIVIDER and to SUBDIVIDER's Surety, and agrees to pay the entire cost of such performance by CITY. d. CITY may take over the work and prosecute the same to completion, by contract or by any other method CITY may deem advisable, for the account and at the expense of SUBDIVIDER, and SUBDIVIDER's Surety shall be liable to CITY for any excess cost or damages occasioned CITY thereby; and, in such event, CITY, without liability for so doing, may take possession of, and utilize in completing the work, such materials, appliances, plant and other property belonging to SUBDIVIDER as may be on the site of the work and necessary for performance of the work. e. Failure of SUBDIVIDER to comply with the terms of this Agreement shall constitute consent to the filing by CITY of a notice of violation against all the lots in the SUBDIVISION or to rescind the approval or otherwise revert the SUBDIVISION to acreage. The remedy provided by this subsection (e) is in addition to and not in lieu of other" remedies available to CITY. SUBDIVIDER agrees that the choice of remedy or remedies • for SUBDIVIDER's breach shall be within the discretion of CITY. f. In the event that SUBDIVIDER fails to perform any obligation hereunder, • SUBDIVIDER agrees to pay all costs and expenses incurred by CITY in securing . - .performance of.such obligations,: including costs of suit and•reasonable.attorney's' fees. • g. The failure of CITY to take an enforcement action with respect to a • default, or to declare,a',breach. shall notbe construed:as -a waiver of that default or breach . or subsequent default or breach of SUBDIVIDER. h. SUBDIVIDER recognizes that by approval of the final map for the SUBDIVISION, CITY has conferred substantial rights upon SUBDIVIDER, including the right to sell, lease, or finance lots within the SUBDIVISION, and has taken the final act necessary to subdivide the property within the SUBDIVISION. As a result, CITY will be damaged to the extent of the cost of installation of the required improvements by • SUBDIVIDER's failure to perform its obligations under this Agreement, including, but not limited to, SUBDIVIDER's obligation to complete construction of the improvements by the time established in this Agreement. CITY shall be entitled to all remedies available to it pursuant to this Agreement and the Subdivision Laws in the event of a default by SUBDIVIDER. It is specifically recognized that the determination of whether a reversion to acreage or rescission of the SUBDIVISION constitutes an adequate remedy for default by the SUBDIVIDER shall be within the sole discretion of CITY. 10. Warranty. SUBDIVIDER shall guarantee or warranty the work done pursuant to this Agreement against any defective work or labor done or defective materials furnished for a period of one (1) year after final acceptance by CITY of the required improvements. If Page 7 of 13 (Subdivision Agreement) • within the warranty period any work or improvement or part of any work or improvement done, furnished, installed, constructed or caused to be done, furnished, installed or constructed by SUDIVIDER fails to fulfill any of the requirements of this Agreement or the improvement plans and specifications referred to herein, SUBDIVIDER shall without delay and without any cost to CITY, repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure. Should SUBDIVIDER fail to act promptly or in accordance with this requirement, SUBDIVIDER hereby authorizes CITY, at CITY's option, to perform the work twenty (20) days after mailing written notice of default to SUBDIVIDER and to SUBDIVIDER's Surety, and agrees to pay the cost of such work by CITY. Should CITY determine that an urgency requires repairs or replacements to be made before SUBDIVIDER can be notified, CITY may, in its sole discretion, make the • necessary repairs or replacement or perform the necessary work and SUBDIVIDER shall pay to CITY the cost of such repairs. 11. SUBDIVIDER Not Agent of CITY. Neither SUBDIVIDER nor any of SUBDIVIDER's agents or contractors are or shall be considered to be agents of CITY in connection with the performance of SUBDIVIDER's obligations under this Agreement. • 12. Injury to Work. Until such time as the required improvements are accepted by • CITY,'SUBDIVIDER- shaa:be responsible for and bear the risk of loss to.any of.the required improvements constructed or instailed. Until -such time as the required improvements are fully completed -and accepted `by.CITY;`SUBDIVIDER.will be responsible.forthe:care, maintenance of, and any damage to such improvements. CITY shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage, regardless of cause, happening or occurring to the required improvements prior to the completion and acceptance of the required improvements. All such risks shall be the responsibility of and are hereby assumed by SUBDIVIDER. 13. Other Agreements. Nothing contained in this Agreement shall preclude CITY from expending monies pursuant to agreements concurrently or previously executed between the parties, or from entering into agreements with other subdividers for the apportionment of costs of water and sewer mains, or other improvements, pursuant to the provisions of CITY ordinances providing therefor, nor shall anything in this Agreement commit CITY to any such apportionment. 14. SUBDIVIDER'S Obligation to Warn Public During Construction. Until final acceptance of the required improvements, SUBDIVIDER shall give good and adequate warning to the public of each dangerous condition existent in said improvements, and will take all reasonable actions to protect the public from such dangerous conditions. Page 8 of 13 (Subdivision Agreement) • • 15. Vesting of Ownership. Upon acceptance of the work on behalf of CITY and recordation of the Notice of Completion, ownership of the improvements constructed pursuant to this Agreement shall vest in CITY. 16. Indemnity /Hold Harmless. a. CITY or any officer, agent, or employee thereof shall not be liable for any injury to persons or property occasioned by reason of the acts or omissions of SUBDIVIDER, its agents or employees in the performance of this Agreement. SUBDIVIDER further agrees to protect and hold harmless CITY, its officials and employees form any and all claims, demands, causes of action, liability or loss of any sort, including, but not limited to, attorney fees and litigation expenses, because of, or arising out of, acts or omissions of SUBDIVIDER, its agents or employees in the performance of this Agreement, including all claims, demands, causes of action, liability, or loss because of, or arising out of, in whole or in part, the design or construction of the required improvements. This indemnification and agreement to hold harmless shall extend to injuries to persons and damages or taking of property resulting from the design or construction of the SUBDIVISION, and the required improvements, and in addition, to • • adjacentproperty owners as a•consequence of.the•diversion of watersfrom the design or , ..construction of public drainage ;systems,.streets -and other public improvements • .b. Acceptance by CITY of the required improvements shall:not constitute an • - assumption by'CITl of:any, responsibility for•any :damage.or taking covered by this Section • 16. CITY shall not be responsible for the design or construction of the SUBDIVISION or the improvements pursuant to the approved Improvement Plans or map, regardless of any negligent action or inaction taken by CITY in approving the plans or map, unless the particular improvement design was specifically required by CITY over written objection by SUBDIVIDER submitted to the City Engineer before approval of the particular improvement design, which objection indicated that the particular improvement design was dangerous or defective and suggested an alternative safe and feasible design. Except as may be provided above, CITY shall not be liable for any negligence, nonfeasance, misfeasance or malfeasance in approving, reviewing, checking, or correcting any plans or specifications or in approving, reviewing or inspecting any work or construction. Nothing contained in this paragraph is intended to or shall be deemed to limit or waive any protections or immunities afforded by law to CITY, its officials, agents and employees, by virtue of CITY's approval of the plan or design of the improvements, including without limitation the protections and immunities afforded by Government Code Sections 830 -6. After acceptance of the required improvements, SUBDIVIDER shall remain obligated to eliminate any defect in design or dangerous condition caused by the design or construction defect; however, Page 9 of 13 (Subdivision Agreement) • • • SUBDIVIDER shall not be responsible for routine maintenance. Provisions of this Section 16 shall remain in full force and effect for ten (10) years following the acceptance by CITY of the required improvements. It is the intent of this paragraph that SUBDIVIDER shall be responsible for all liability for design and construction of the improvements installed or work done pursuant to this Agreement and that CITY shall not be liable for any negligence, nonfeasance, misfeasance or malfeasance in approving, reviewing, checking, or correcting any plans or specifications or in approving, reviewing or inspecting any work or construction. The improvement security shall not be required to cover the provisions of this paragraph. 17. SUBDIVIDER's Insurance. SUBDIVIDER shall not commence work under this agreement until SUBDIVIDER shall have obtained all insurance required under this Section 17 nor shall SUBDIVIDER allow any contractor or subcontractor to commence work on his contract or subcontract until all similar insurance required of the contractor or subcontractor shall have been so obtained and approved. All requirements herein provided shall appear either in the body of the insurance policies or as endorsements and • shall specifically bind the insurance carrier. .a._ ,Worker's Compensation Insurance. SUBDIVIDER shall maintain, during thelife of this Agreement,)Vorker's oJmpehsation insurance. for :alL SUBDIV,IDER's,employees employed at thesite of_improvement, and :in case'any;'Nork'is sublet,- SUBDIVIDER:shall'.require any contractor or subcontractor.. .• sirnilarly to provide Worker's Compensation Insurance for all contractor's or subcontractor's employees, unless such employees are covered by the protection afforded • by SUBDIVIDER. In case any class of employees engaged in work under this Agreement • at the site of the project is not protected under any Worker's Compensation law, SUBDIVIDER shall provide, and shall cause each contractor and subcontractor to provide, adequate insurance for the protection of employees not otherwise protected. SUBDIVIDER hereby indemnifies CITY for any damage resulting to it from failure of either SUBDIVIDER or any contractor or subcontractor to take out or maintain such insurance. b. Public Liability and Property Damage Insurance. SUBDIVIDER shall take out and maintain during the life of this Agreement such public liability and property damage insurance as shall insure CITY, its elective and appointive boards, commissions, officers, agents, and employees, SUBDIVIDER and any contractor or subcontractor performing work covered by this Agreement from claims for damages for personal injury, including death, as well as from claims for property damage that may arise from SUBDIVIDER's or any contractor's or subcontractor's operations hereunder, whether such operations be by SUBDIVIDER or any contractor or subcontractor, or by anyone Page 10 of 13 (Subdivision Agreement) • • • directly or indirectly employed by either SUBDIVIDER or any contractor or subcontractor, and the amounts of such insurance•shall be as follows: (1). Public Liability Insurance. In an amount not less than $1,000,000.00 for injuries, including, but not limited to, death, to any one person and, subject to the same limit for each person, in an amount not less than $5,000,000.00 on account of any one occurrence: (2). Property Damage Insurance. In an amount not less than $1,000,000.00 for damage to property of each person on account of any one occurrence. c, Cross - liability Endorsement. In the event that any of the aforesaid insurance policies provided for in this Section 17 insures any entity, person, board or commission other than those mentioned herein, such policy shall contain a standard form of cross - liability endorsement, insuring on such policy CITY, its elective and appointive boards, commissions, officers, agents and employees, SUBDIVIDER and any contractor or subcontractor performing work covered by this Agreernent. d. Evidence of Insurance. i;SUBDIVIDERshall ; furnishCITY concurrently with `the execution,hereof,.with satisfactory c vidence :of the insurance required, and evidence'that each carrier.is..required to give CITY at least fifteen (15):daysprior notice of the cancellation orreductioruin coverage:of any • policy during the effective period of this Agreement. 18. Time of the Essence. Time is of the essence of this Agreement. 19. Time for Commencement of Work/Time Extensions. SUBDIVIDER shall commence substantial construction of the improvements and shall complete the improvements as required by this Agreement. In the event good cause exists as determined by•the City Manager of CITY, which official is hereinafter referred to as "the City Manager," the time for commencement of construction or completion of the required improvements may be extended. The request for extension shall be made in writing to the City Manager. Any such extension may be granted without notice to SUBDIVIDER's Surety and shall not affect the validity of this Agreement or release the Surety or Sureties on any security given for this Agreement. The City Manager shall be the sole and final judge as to whether or not good cause has been shown to entitle SUBDIVIDER to an extension. Delay, other than delay in the commencement of work, or by strikes, boycotts, similar actions by employees or labor organizations, which prevent the conducting of work, and which were not caused by or contributed to by SUBDIVIDER, shall constitute good cause for an extension of the time for completion. As a condition of such extension, the Page 11 of 13 (Subdivision Agreement) • • City Manager may require SUBDIVIDER to furnish new security guaranteeing performance of this Agreement as extended in an increased amount as necessary to compensate for any increase in construction costs as determined by the City Engineer. 20. No Vesting of Rights. Performance by SUBDIVIDER of this Agreement shall not be construed to vest SUBDIVIDER's rights with respect to any change in any zoning or building law or ordinance. 21. Maintenance of Private Facilities. SUBDIVIDER shall create a Homeowners Association which shall be responsible for maintaining all on -site and off -site site private common area facilities associated with the SUBDIVISION which are required in order that the SUBDIVISION drainage, grading, retaining walls, fencing, landscaping, lighting, sidewalks, streets, recreation facilities, and other necessary facilities will function properly. SUBDIVIDER shall provide a copy of the SUBDIVISION Covenants, Codes, and Restrictions (CC &R's) to CITY for review and approval prior to recording of the final map or recording of the CC &R's. 22. CITY Maintenance of Sewer and Water Systems. CITY will maintain the on- . ,, site and off-site mainline sewer and water systems including manholes and water valves. Maintenance of these systems will be paid for by CITY and will be budgeted as part of CITY's normal utility budget operations. No additional costs to the SUBDIVISION or • • iomeowner's'Association for maintenance of these systems other than the normal utility • service fees, charges, and property taxes will be made. 23. Notices. All notices required or provided for under this Agreement shall be in writing and delivered in person or seat by mail, postage prepared, and addressed as provided in this Section 23. Notice shall be effective on the date it is delivered in person or, if mailed, on the date of deposit in the United States Mail. Notices shall be addressed as follows, unless a written change of address is filed with CITY. CITY: City Engineer City of Seal Beach 211 Eighth Street Seal Beach, California 90740 -6379 SUBDIVIDER: Centex Homes 7555 Irvine Center Drive Suite 100 Irvine, CA 92618 Page 12 of 13 (Subdivision Agreement) • • 24. Litigation or Arbitration. In the event that suit or arbitration is brought to enforce the terms of this Agreement, the prevailing party shall be entitled to litigation costs and reasonable attorneys' fees. 25. Incorporation of Recitals. The Recitals to this Agreement are hereby incorporated into the terms of this Agreement. 26. Entire Agreement. This Agreement constitutes the entire agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this Agreement must be in writing and signed by the appropriate representatives of the parties. In the case of CITY, the appropriate party shall be the City Manager. IN WITNESS WHEREOF, the parties have executed this Agreement as of the effective date first written above. - SUBDIVIDER: CENT X HOMES CITY OF SEAL BEACH Sh n oyd Mayor ProTem Name:'Richard P. Douglass _ Title: Vice President Land Dev. ATTEST: •, By: ( % 2 e Yeo Name: Mart' Juliussen y Clerk Title: Controller (Proper Notarization of SUBDIVIDER'S APPROVED AS TO FORM: signature is required and shall be attached) c2_ Quinn M. Barrow City Attorney • Page 13 of 13 (Subdivision Agreement) ,1 . CITY OF SEAL BEACH ill • ENGINEERING COST ESTIMATE F Project: Old Ranch, Tr. 15797 - Date: April 4, 2001 STREET& PARKING IMPROVEMENTS Pavement-Up to 4"AC/8"AB or 7"AC/Native............ 140,207 Sq. FL @ $1.86 = $260,785.02 Greater than 4"AC/8"AB or 7"AC/Native............... Sq. Ft. @ ._ Stamped Concrete or Enhanced Pavement Sq. Ft. @ = 6"Curb&18"Gutter. 6,974 Lin. Ft. @ $7.00 = $48,818.00 6"Curb Only................................................. 303 Lin. Ft. @ $6.50 = $1,969.50 Curb Type B or C................................................ Lin. Ft. @ - = • AC Berm Type E................................................ Lin. Ft. @ _ Sidewalk(4")...................................................... 18,143 Sq. FL @ $1.60 = $29,028.80 Handicap Access Ramps....................................... 8 Ea. @ $65.00 = $520.00 PCC Driveway&Approach.......:............................ 96 Sq. FL @ $2.15 = $206.40 Redwood Header................................................ Lin. Ft. @ = Street Name Signs................................................ 10 Ea. @ $300.00 = $3,000.00 Stop Signs........................................................ 6 Ea. @ $200.00 = $1,200.00 Safety Signs...................................................... 2 Ea. @ $200.00 = $400.00 • Striping............................................................ 517 Lin. Ft. @ $2.75 = $1,421.75 Street Lights 20 Ea. @ $1,800.00 = $36,000.00 WheelStops...................................................... Ea. @. = Cross Gutter...................................................... 539 Sq. Ft. @ $4.95 = $2,668.05 TOTAL STREETS $386,017.52 ( STORM DRAIN IMPROVEMENTS Terrace Drain or PCC V-ditch................................. Lin. Ft. @ = Catch Basin, Type I............................................... 3 Ea. @ $2,500.00 = $7,500.00 • Catch Basin,Type I I (W=7').................................... 5 Ea. @ $3,500.00 = $17,500.00 Catch Basin, Type I I (W=10')................................. 1 Ea. @ $4,000.00 $4,000.00 Catch Basin, Type II (W=14')................................. 2 Ea. @ $4,600.00 $9,200.00 Catch Basin, Type II (W=21')................................. 1 Ea. @ $5,000.00 $5,000.00 Catch Basin,Type V............................................ 1 Ea. @ $1,200.00 = $1,200.00 • Concrete Collar or Slope Anchor......... Ea. @ = Downdrain to Pipe Transition................................. Lin. Ft. @ = Grated Drainage Inlet or Clean Out........................ Ea. @ = Junction Structure,Type 6.................................... 3 Ea: @ $800.00 = $2,400.00 Junction Structure,Type 4.................................... 1 Ea. @ $1,200.00 = $1,200.00 Junction Structure,Type 2.................................... 2 Ea. @ $3,400.00 = $6,800.00 Junction Structure,Type 3..................................... 3 Ea. @ $3,500.00 = . $10,500.00 ParkwayCulvert................................................... Ea. @ = Rip-Rap............................................................ 50 Sq. Ft. @ $7.00 = $350.00 4"-6" PVC......................................................... Lin. FL @ = 8"-10"PVC...................................................... Lin. Ft. @ = 12"-15"PVC...................................................... Lin. Ft. @ = 18"RCP............................................................ 483 Lin. Ft. @ $42.00 = $20,286.00 24"RCP............................................................ 80 Lin. Ft. @ $48.00 = $3,840.00 27"-33"RCP Lin. Ft. @ = 36"RCP............................................................ 619 Lin. Ft. @ $64.00 = $39,616.00 42"RCP.............:.............................................. 621 Lin. FL @ $76.00 = $47,196.00 48"RCP............................................................ 278 Lin. Ft. @ $88.00 = $24,464.00 54"RCP............................................................ Lin. Ft. @ = 60"RCP............................................................ Lin. Ft. @ = TOTAL STORM DRAIN $201,052.00 EROSION CONTROL DEVICES Gravel Construction Entrance................................. Ea. @ $500.00 = Sandbags......................................................... Ea. @ $2.00 = Silt Fence......................................................... Lin. Ft. @ $5.00 = Checkdam Ea. @ $750.00 = /FOfAL EROSION CONTROL Subtotal $587,069.52 I 15% $88,060.43 Total $675,129.95 rev. 10/05/99 G:191 9-1 5 7 97oldrancnstrsdbond xls.xls • CITY OF SEAL BEACH PROJECT BOND DATA SHEET Improvement District No. Tract No. 15797 Developer/Project: Centex Homes Prepared By:Hunsaker& Associates Irvine, Inc.Date: 03/05/01 DOMESTIC WATER BOND ESTIMATE: Item Quantity/Unit Unit Price Cost 12" WATER LINE CL. 200 * LF @ $ $ 8" WATER LINE CL. 200 * 3782 LF @ 18.00 68,076.00 6" WATER LINE CL. 200 * LF @ 4" WATER LINE CL. 200 * LF @ 12" BV PER W9 EA @ 8" BV PER W9 18 EA @ 650.00 11,700.00 6"RW PER W9 EA @ 4"RW PER W9 EA @ 2" WATER SERVICE PER W3 EA @ METER FOR 2" SERVICE EA @ 1" WATER SERVICE(INC. METER) 75 EA @ 485.00 36,375.00 FIRE HYDRANT ASSEMBLY 6 EA @ 2,200.00 13,200.00 1"AIR/VAC PER W I B 5 EA @ 1,200.00 6,000.00 2"BLOW OFF PER W20 3 EA @ 650.00 1,950.00 8" "HOT" TAP PER W16 EA @ 8" DETECTOR CHECK PER W8 EA @ 6"DETECTOR CHECK PER W8 EA @ 4" DETECTOR CHECK PER W8 EA @ 8" DIP CL. 50 PER W13 LF @ RAISE VALVES TO GRADE EA @ RAISE FIRE HYDRANTS TO GRADE EA @ INSTALL STEEL CASING LF @ INSTALL CONCRETE ENCASEMENT LF @ *INCLUDES TEES,THRUST BLOCKS,ELBOWS&Ft t LINOS TOTAL COST $ 137,301.00 BOND AMOUNT $ Subject to Revision Without Notice Revised 7/1/97 G:\[919-15797old ranchswrwtrbond.XLS]BOND SEWER BOND ESTI,TE: . Item Quantity/Unit Unit Price Cost 12" SEWER LINE LF @ $ $ 10" SEWER LINE LF @ 8" PVC SEWER MAIN(INC. Y'S) 3077 LF @ 17.00 52,309.00 8" PVC SEWER MAIN (12'-I5' DEEP) 282 LF @ 24.00 6,768.00 6" SEWER LINE LF @ 4" LATERAL 1799 LF @ 12.00 21,588.00 MANHOLE, STANDARD 4' 14 EA @ 1,500.00 21,000.00 EXTRA DEPTH MANHOLE 1 EA @ 1,860.00 1,860.00 60" M.H. PER SI EA ® 72" M.H.PER S1 EA @ DROP M.H. PER SI EA @ CLEANOUT PER S3 EA @ RAISE M.H. TO GRADE EA @ RECHANNEL M.H. EA @ INSTALL CONC. SLOPE ANCHORS EA @ INSTALL CONCRETE ENCASEMENT LF @ TOTAL COST $ 103,525.00 BOND AMOUNT $ NON-DOMESTIC WATER BOND ESTIMATE: Item Quantity/Unit Unit Price Cost 12" WATER LINE CL. 200 * LF @ $ $ 8" WATER LINE CL. 200 * LF @ 6" WATER LINE CL. 200 * LF @ 12" RW GV PER ND3 EA @ 8" RWGVPERND3 EA @ 6" RW GV PER ND3 EA @ 2"ND SERVICE PER ND2 EA @ METER FOR 2" SERVICE EA @ • 1"ND SERVICE PER ND1 EA @ METER FOR 1" SERVICE EA @ 1" AIR/VAC PER ND6 EA @ 2" BLOW OFF PER ND7 EA @ RAISE VALVE TO GRADE EA @ RAISE AIRJVAC TO GRADE EA @ INSTALL STEEL CASING LF @ INSTALL CONCRETE ENCASEMENT LF @ *INCLUDES TEES,THRUST BLOCKS,ELBOWS&FITTINGS TOTAL COST $ BOND AMOUNT $ Subject to Revision Without Notice t - -. HUNSAKER• • &ASSOCIATES IRVINE , INC. Preliminary Budget for Bonding Purposes Project Name: Old Ranch, Tract 15797 Location: City of Seal Beach Type of plan: Model Precise Grading Plan UNIT ITEM DESCRIPTION QUANTITY UNIT PRICE TOTAL COST Summary A. EARTHWORK $300.00 B. STREET& PARKING IMPROVEMENTS $5,992.90 C. EROSION CONTROL $372.00 GRAND TOTAL $6,664.90 (949) 583-1010 G'.\919-15797precisebond.xls Bond Estimate 2/16/01 W.O.#919-15797 Page 1 of 2 1:06 PM DR <_:: HUNSAKE• •. &ASSOCLATES IRVINE , INC. Preliminary Budget for Bonding Purposes Project Name: Old Ranch, Tract 15797 Location: City of Seal Beach Type of plan: Model Precise Grading Plan UNIT ITEM DESCRIPTION QUANTITY UNIT PRICE • TOTAL COST EARTHWORK MASS EXCAVATION 300 CY $1.00 $300.00 IMPORT 300 CY $1.00 $300.00 TOTAL EARTHWORK $300.00 STREET& PARKING IMPROVEMENTS A 3"AC OVER NATIVE 5,698 SF $0.80 $4,558.40 B. PARKING STRIPING 502 LF $0.50 $251.00 C. 2 X 4 REDWOOD HEADER 301 LF $1.50 $451.50 D. 6"C&G 70 LF $7.50 $525.00 E. 6"TO 0"CURB TRANSITION 4 LF $8.00 $32.00 HANDICAP LEGEND 1 EA $175.00 $175.00 TOTAL GRADING STRUCTURES $5,992.90 EROSION CONTROL STREET SANDBAGS 248 EA $1.50 $372.00 CHECKDAM 0 SF $0.00 $0.00 TOTAL EROSION CONTROL $372.00 (949) 583-1010 G:19 1 9-1 5 79 7precisebond.xls Bond Estimate 2/16/01 W.O.# 919-15797 Page 2 of 2 1:06 PM DR HUNSAKER • • &ASSOCIATES • » IRVINE, INC. Preliminary Budget for Bonding Purposes Project Name: Old Ranch, Tract 15797 Location: City of Seal Beach Type of plan: Production Precise Grading Plan UNIT ITEM DESCRIPTION QUANTITY UNIT PRICE TOTAL COST Summary A. EARTHWORK $4,200.00 B. DRAINAGE STRUCTURES $3,150.00 C. EROSION CONTROL $6,816.00 GRAND TOTAL $14,166.00 (949) 583-1010 G:\919-15797precisebondprod.xls Bond Estimate 3/7/01 W.O.#919-15797 Page 1 of 2 8:35 AM KF HUNSAKER • • , & ASSOCIATES f;_i7 IRVINE, INC. Preliminary Budget for Bonding Purposes Project Name: Old Ranch, Tract 15797 Location: City of Seal Beach Type of plan: Production Precise Grading Plan . UNIT ITEM DESCRIPTION QUANTITY UNIT PRICE TOTAL COST EARTHWORK MASS EXCAVATION 4,200 CY $1.00 $4,200.00 TOTAL EARTHWORK $4,200.00 DRAINAGE STRUCTURES A. PAVED DRAINAGE DEVICE 210 LF $15.00 $3,150.00 TOTAL DRAINAGE STRUCTURES $3,150.00 EROSION CONTROL SANDBAGS 4,544 EA $1.50 $6,816.00 TOTAL EROSION CONTROL $6,816.00 (949) 583-1010 G:191 9-1 5 7 9 7precisebondprod.xls Bond Estimate 3/7/01 W.O.#919-15797 Page 2 of 2 8:35 AM KF • • ;Yl.e 'en t::: 'fi" HUNSAKER &ASSOCIATES z �i a'S t i •'t +°"' I R V I N E, I N C. PLANNING ENGINEERING • SURVEYING - GOVERNMENT RELATIONS IRVINE April 5, 2001 LAS VEGAS RIVERSIDE SAN DIEGO CITY OF SEAL. BEACH Public Works Department 211 Eight Street 2nd Floor Seal Beach, Ca. 90740-6379 Attn: Ron Bntft Subj: Monument Bond Amount Tract No. 15797 The monumentation bond amount required for the above referenced map will be as follows: • Tract No. Bond Amount 15797 S 17.500.00 Very truly yours, HUNSAKER& ASSOCIATES IRVINE, INC. vale . B-• ' emadi Project Manager RICHARD HUNSAKER TOM R.McGANNON W.O. #919-15797 JOHN A.MICHLER (Unonu\13797 DOUGLAS G.SNYDER Three Hughes Irvine,California 92618-2021 (949)583-1010 PH (949)583-0759 F X www.hunsaker.com 0 • ©ALBIFORNDA ALL =PUIRP ®SCE CIE. T * fr��5,��5,?aS�� fi i State of Californi 0 ss. ,9 i County of 0 i On 11., , _,., J - i i , , before me, ?,Ali ' / Ir. Date / Name and dle Officer (e g , Jane Doe, Notary P/ is ") , f2 fi personally appeare. _ •, �, ��� , t ame(s) of Signer(s) personally known to me 91 i proved to me on the basis of satisfactory y fi evidence fn 9 fe to be the person whose name(% is/.ace- e subscribed to the within instrument and . acknowledged to me that he /pettier executed n fi the same in his /,der /tbeir authorized >> ( e capacity s)- and that by his /yerlheett J JOAN E. LEWIS signature( on the instrument the person$' or ��'; Commission # 1195940 the entity upon behalf of which the persory(sj' < - ' t. % Notary Public - California f y A fi z' . ,ter Cr County acted, executed the instrument. r My Comm. Bcpires Oct 5, 2002 i my hand an official seal. f2 Place Notary Seal Above Signa No tary Public li f OPTIONAL C i Though the information below is not required by law, it may prove valuable to persons relying on the document i and could prevent fraudulent removal and reattachment of this form to another document. ,� i Description of Attached Document : '. Title or Type of Document i Document Date: Number of Pages: 9 fi Signer(s) Other Than Named Above: y fG � Capacity(ies) Claimed by Signer Signer's Name: RIGHT :THUMBPRINT 9� • OFISIGNER ' yJ f � C 1=1 Individual Top of thumb here fi ❑ Corporate Officer — Title(s): y ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact s ❑ Trustee ) (¢ ❑ G uardian or Conservator f� ) ❑ Other: '5' ti fi Signer Is Representing: fi 'A ` 4 G7' e74�4,wv. &7 ,, - ,7i - d• , 'd - ,✓y ° cra"e7 e , c7 :� /`ex - eri+.✓ .. e, , ,,,, W.,,e7 cr - er> - ei >-e .1 <t7 err,&e; ✓4 " ✓:<g< "e 5 ® 1997 National Notary Association • 9350 De Soto Ave., P.O Box 2402 • Chatsworth, CA 91313 -2402 Prod. No. 5907 Reorder Call Toll -Free 1- 800 - 876 -6827 • i 1 STATE OF CALIFORNIA) COUNTY OF ORANGE ) On April 17, 2001 before me, Rhonda Keiger Painter, Notary Public, personally appeared Richard P. Douglass and Martin Juliussen, personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. Witness my hand and official seal: '3. rT NDA�IGPMNTED 4!i114 Commission 124514 5* �t� itx -Cdit E is"/ Rhonda Keiger Painter DESCRIPTION OF ATTACHED DOCUMENT: Subdivision Improvement Agreement Old Ranch I 4 •• •• BOND NO. 6111100 CITY OF SEAL BEACH AND CENTEX HOMES SUBDIVISION LABOR AND MATERIALS BOND TRACT NO. 15797 WHEREAS, the City of Seal Beach, State of California (hereinafter designated as "CITY "), and CENTEX HOMES (hereinafter designated as "PRINCIPAL ") have entered into an agreement whereby PRINCIPAL agrees to install and complete certain designated public and private improvements, which said agreement, dated , 2001, and identified as Project, TRACT NO. 15797 is hereinafter referred to as "the Agreement" and made a part hereof; and WHEREAS, under the terms of the Agreement, PRINCIPAL is required before entering upon the performance of the work, to file a good and sufficient payment bond with CITY, to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California; and SAFECO INSURANCE COMPANY NOW, THEREFORE, we, PRINCIPAL and OF AMERICA _ as SURETY, are held and firmly bound unto CITY and all contractors, subcontractors, laborers, rnaterialmen, and other persons employed in the performance of the Agreement and referred to in the aforementioned Civil Code provisions, in the penal sum of $ 936,786.85 lawful money of the United States, for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that SURETY will pay the same in an amount not exceeding the amount set forth. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by CITY in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Page 1 of 2 (Labor and Material Bond !• •• If the condition of this bond is fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. 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 any way 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. IN WITNESS WHEREOF, this instrument has been duly executed by PRINCIPAL and SURETY above named, on APRIL 16 , 2001. (Seal) (Seal) SAFECO INSURANCE COMPANY OF AMERICA SURETY: PRINCIPAL: CENTEX HOMES Nam:. By: _ _ � : �,• = _ Si. ature Signature Name: ALLYSO DEAN Name: Richard P. Douglass Address: SAFECO PLAZA Title:Vice President Land Dev. SEATTLE, WA 98185 Address: Irvine Center Dr. Suite 100 Irvine, CA 92618 APPROVED AS TO FORM: By: ignature Name: Mari- i n Mil iu G sPn `_ e ) ) Title: Controller City Attorney Address: 7555 Irvine Center Dr . Suite 100 Irvine, CA 92618 ' Page 2 of 2 (Labor and Material Bond • • • • ACKNOWLEDGEMENT BY SURETY STATE OF TEXAS County of Dallas Before me, Bridgette S. Jackson, a notary public, on this day personally appeared Allyson Dean, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that she executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this 16th day of April, 2001. My commission expires 8 -7 -04 Notary Seal c Notary Pb lic TrE S. JACKSON ! GE r ue a BID �• Pu, te fe s _'` � N � R My CommblicissioStan Ex ' A�v� � ` August 07, 2004 S A F E C • POWER • M INSURANCE COPANY OF AMERICA * ERAL INSURANCE COMPANY OF AMERICA OF ATTORNEY HOME OFFICE: SAFECO PLAZA SEATTLE, WASHINGTON 98185 No. 7386 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint * ** * * ****** *LAWRENCE W. WALDIE; CARMEN MIMS: BRIAN M. LEBOW; DEBORAH GRIFFITH; ALLYSON DEAN; DOROTHY VALEK; Dallas, ThXas * * * * * * * * * * * ** its true and lawful attomey(s) -in -fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 23rd day of February , 2000 R.A. waAhlt ,/ PIERSON, SECRETARY W. RANDALL STODDARD, PRESIDENT CERTIFICATE Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By -Laws, and (ii) A copy of the power -of- attorney appointment, executed pursuant thereto, and (iii) Certifying that said power -of- attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, R.A. Pierson, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this (0Y11 day of a'ril C OAp e COAfp CORPORATE SEAL B Is SEAL T y X a 19 53 IIrASM dt. � ,p�` of Was Ia2 RA. PIERSON, SECRETARY S-0974/SAEF 7/98 ® Registered trademark of SAFECO Corporation. 2/23/00 PDF • • • • STATE OF CALIFORNIA) COUNTY OF ORANGE ) On April 17, 2001 before me, Rhonda Keiger Painter, Notary Public, personally appeared Richard P. Douglass and Martin Juliussen, personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. Witness my hand and official seal: HONDA EIGER PAINTea � h 4124314 Waal/ Pu2vc-cotanem L. CbtAitiai , hM Com.B> 63 Dac9,21103 Rhonda Keiger Painter DESCRIPTION OF ATTACHED DOCUMENT: Subdivision Bond 6111100 — Labor & Materials Old Ranch • • • BOND NO. 6111101 CITY OF SEAL BEACH AND CENTEX HOMES SUBDIVISION WARRANTY BOND TRACT NO. 15797 WHEREAS, the City of Seal Beach, State of California (hereinafter designated as "CITY "), and CENTEX HOMES (hereinafter designated as ( "PRINCIPAL ") have entered into an agreement whereby PRINCIPAL agrees to install and complete certain designated public and private improvements, which said agreement, dated , 2001, and identified as Project TRACT NO. 15797, is hereinafter referred to as "the Agreement" and made a part hereof; and WHEREAS, PRINCIPAL is required to warranty the work done under the terms of the agreement for a period of one (1) year following acceptance thereof by CITY against any defective work or labor done or defective materials furnished, in the amount of twenty -five percent (25%) of the estimated cost of the improvements; SAFECO INSURANCE COMPANY NOW, THEREFORE, we, PRINCIPAL and OF AMERICA , as SURETY, are held and firmly bound unto CITY in the penal sum of $ 23,419.71, lawful money of the United States, for the payment of such sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally. The condition of this obligation is such that the obligation shall become null and void if the above - bounded PRINCIPAL, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to, abide by, well and truly keep, and perform the covenants, conditions, and provisions in the Agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to his or their true intent and meaning, and shall indemnify and save harmless CITY, its officers, agents, and employees, as therein stipulated; otherwise, this obligation shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by CITY in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Page 1 of 2 (Warrantee Bond) • • • 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 any way 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. IN WITNESS WHEREOF, this instrument has been duly executed by PRINCIPAL and SURETY above named, on APRIL 16 , 2001 (Seal) (Seal) SAFECO INSURANCE COMPANY OF AMERICA SURETY: PRINCIPAL: CENTEX HOMES • Nam- By: a •: Signal, re Signature Name: ALLYSON D ZA N Name: Richard P. Douglass Address: SAFECO PLAZA Title:Vice President Land Dev. SEATTLE, WA 98185 Address: 7555 Irvine Center Dr. Suite 100 Irvine. CA 92618 APPROVED AS TO FORM: By: / �:.i• . ure Name: Martin Juliussen G)1 Ra/ Title: Controller City Attorney Address: 7555 Irvine Center Dr. Suite 100 Irvine, CA 92618 Page 2 of 2 (Warrantee Bond) • • 0 ACKNOWLEDGEMENT BY SURETY STATE OF TEXAS County of Dallas Before me, Bridgette S. Jackson, a notary public, on this day personally appeared Allyson Dean, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that she executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this 16th day of April, 2001. My commission expires 8 -7 -04 Notary Seal Notary FS • Iic IsF.71fi s BRIDGETTE S. JACKSON yl Notary Public, State of Texas s 'EOr * .. My Commission Expires a,,,,,;,,,• August 07, 2004 • • S A F E C CO POWER • SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA OF ATTORNEY HOME OFFICE: SAFECO PLAZA SEATTLE, WASHINGTON 98185 No. 7386 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint * * * * * * * * * ** *LAWRENCE W. WALDIE; CARMEN MIMS: BRIAN N4 LEBOW; DEBORAH GRIFFITH; ALLYSON DEAN; DOROTHY VALEK; Dallas, Texas************* its true and lawful attomey(s) -in -fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 23rd day of February , 2000 R.A. PIERSON, SECRETARY W. RANDALL STODDARD, PRESIDENT CERTIFICATE Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By -Laws, and (ii) A copy of the power-of-attorney appointment, executed pursuant thereto, and (iii) Certifying that said power -of- attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." 1, R.A. Pierson, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this / (e day of 4. 200 ( a NCf. C°14°44. e t ‘EE CO/0 CORPORATE SEAL 5 SEAL • . 0 1 1953 dl' � l F0 f WASM' ' � eg WaSd'�' R.A. PIERSON, SECRETARY S 7/98 ® Registered trademark of SAFECO Corporation. 2/23/00 PDF • • • STATE OF CALIFORNIA) COUNTY OF ORANGE ) On April 17, 2001 before me, Rhonda Keiger Painter, Notary Public, personally appeared Richard P. Douglass and Martin Juliussen, personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. Witness my hand and official seal: EMI FARM • y�, Mo4Pure y Ric o • o i � o 0 o n CS ' Rhonda Keiger winter DESCRIPTION OF ATTACHED DOCUMENT: Subdivision Bond 6111101 — Warranty Old Ranch •• •! BOND N0. 6111102 CITY OF SEAL BEACH AND CENTEX HOMES SUBDIVISION MONUMENT BOND TRACT NO. 15797 WHEREAS, the City of Seal Beach, State of California (hereinafter designated as "CITY "), and CENTEX HOMES (hereinafter designated as "PRINCIPAL ") have entered into an agreement whereby PRINCIPAL has presented to CITY for its approval a Final Subdivision Map, which map carries the Engineer's or Surveyor's certificate that the monuments will be set on or before a specified later date, which agreement dated , 2001, and identified as Project TRACT NO. 15797, is hereinafter referred to as "the Agreement" and made a part hereof; and WHEREAS, PRINCIPAL is obligated by the Agreement to insure the setting of monuments to guarantee payment to the Engineer or Surveyor for setting such monuments in the subdivision, and as a prerequisite to the approval of the Final Subdivision Map; and SAFECO INSURANCE COMPANY NOW, THEREFORE, we, PRINCIPAL and OF AMERICA , as SURETY, are held and firmly bound unto CITY in the penal sum of $ 17,500.00, lawful money of the United States, for the payment of such sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally. The condition of this obligation is such that the obligation shall become null and void if the above - bounded PRINCIPAL, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to, abide by, well and truly keep, and perform the installation of monuments and stakes as specified, in the Final Subdivision Map and the Agreement, and shall indemnify and save harmless CITY, its officers, agents, and employees, as therein stipulated; otherwise, this obligation shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by CITY in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. SURETY hereby stipulates and agrees that no change, extension of time, alteration Page 1 of 2 (Monument Bond di A or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way 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. executed by PRINCIPAL and IN WITNESS WHEREOF, this instrument has been d2001 SURETY above named, on APRIL 16 (Seal) (Seal) SAFECO INSURANCE COMPANY OF AMERICA PRINCIPAL: CENTEX HOMES SURETY: ■ Name i n- re :� Signature By: Sign- re Do lass ALLYSON EAN Name: Richa P Name: Title: Vice Pre ' Address: SAFECO PLAZA SEATTLE, 9818 Address: • • _ _ Suite 100 Irvine CA 92618 APPROVED AS TO FORM: •ignature n Name: Martin Juliussen (.� Title: Controll - � Address: 7555 Ir vi ne Cent� -�� / City Attorney Suite 100 Irvine, CA 92618 Page 2 of 2 (Monument Bond 110 00 STATE OF CALIFORNIA) COUNTY OF ORANGE ) On April 17, 2001 before me, Rhonda Keiger Painter, Notary Public, personally appeared Richard P. Douglass and Martin Juliussen, personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities. and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. Witness my hand and official seal: RHONDA KEIGER PAINTER L A Commission 1245149 AjA1' tet 1 * i., ‘ IVOMAni2=9' Rhonda Keiger Painter DESCRIPTION OF ATTACHED DOCUMENT: Subdivision Bond 6111102 — Monument Old Ranch a • • BOND NO. 6111100 CITY OF SEAL BEACH AND CENTEX HOMES SUBDIVISION FAITHFUL PERFORMANCE BOND TRACT NO. 15797 WHEREAS, the City of Seal Beach, State of California (hereinafter designated as "CITY "), and CENTEX HOMES (hereinafter designated as "PRINCIPAL ") have entered into an agreement whereby PRINCIPAL agrees to install and complete certain designated public and private improvements, which said agreement, dated , 2001, and identified as Project, TRACT NO. 15797 is hereinafter referred to as "the Agreement" and made a part hereof; and WHEREAS, PRINCIPAL is required under the terms of the Agreement to furnish a bond for the Faithful Performance of the Agreement; SAFECO INSURANCE COMPANY NOW, THEREFORE, we, PRINCIPAL and OF AMERICA , as SURETY, are held and firmly bound unto CITY in the penal sum of $ 936,786.85, lawful money of the United States, for the payment of such sum well and truly to be made, we bind ourselves, • our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that the obligation shall become null and void if the above - bonded PRINCIPAL, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to, abide by, well and truly keep, and perform the covenants, conditions, and provisions in the Agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to his or their true intent and meaning, and shall indemnify and save harmless CITY, its officers, agents, and employees, as therein stipulated; otherwise, this obligation shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by CITY in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Page 1 of 2 (Faithful Performance Bond) • • 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 any way 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. IN WITNESS WHEREOF, this instrument has been duly executed by PRINCIPAL and SURETY above named, on APRIL 16TH , 2001. (Seal) (Seal) SURETY: SAFECO INSURANCE COMPANY OF PRINCIPAL: CENTEX HOMES . AMERICA Name OrP Sign pure Sign'ture Name: ALLYSON )' AN Name: Address:SAFECO PLAZA Title: Richard P. Douglass SEATTLE, WA 98185 Address: 7555 Irvine Center Dr. Suite 100 Irvine, CA 92618 APPROVED AS TO FORM: By: gnature Name: Martin Juliussen 6)1 igaz4" Title: Controller City Attorney Address: 7555 Irvine Center Drive Suite 100 Irvine, CA 92618 Page 2 of 2 (Faithful Performance Bond) • ACKNOWLEDGEMENT BY SURETY STATE OF TEXAS County of Dallas Before me, Bridgette S. Jackson, a notary public, on this day personally appeared Allyson Dean, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that she executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this 16th day of April, 2001. My commission expires 8 -7 -04 Notary Seal Q Ceve Notary Pub 'c U � �� BRIDGETTE. S. JACKSON e . "= Notary Publ Sta o Texas •,, M C ommission Expires 1 0' ',pt;r.Et August 07, 2004 HIII \\ -. ., 0 • STATE OF CALIFORNIA) ) COUNTY OF ORANGE ) On April 17, 2001 before me, Rhonda Keiger Painter, Notary Public, personally appeared Richard P. Douglass and Martin Juliussen, personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. Witness my hand and official seal: RHONDA MGM PAIRS C / ACC L 0 1243149 '' "iR 1 AVOrnm. Blites Dac s,20p3 Rhonda Keiger Painter DESCRIPTION OF ATTACHED DOCUMENT: Subdivision Bond 6111100 — Performance Old Ranch