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HomeMy WebLinkAboutApprove, accept and authorize recordation of the Public Impr CITY OF HUNTINGTON BEACH Finance Department Accounts Receivable, Cashiering, Collections & Disbursements Division Lori Ann Farrell Harrison Chief Financial Officer Certified Mail September 5,2017 Philadelphia Indemnity Insurance Company 231 St. Asaph's Rd, Ste 100 Bala Cynwyd, PA 19004-0950 Re: Guaranty&Warranty Bond Nos PB03010401486-M&PB03010401245-M for the Tri Pointe Homes Project Dear Sirs: This is to inform you the Huntington Beach City Council has approved the release of the above-referenced bonds effective August 21, 2017. We are releasing these bonds and have enclosed the bonds for your files. We have also enclosed a copy of the City Council Action approving the release of these bonds. If you have any questions regarding this matter,please contact me at(714)536-5200. Sincerely, Joyce M.Zacks Deputy City Treasurer Enclosures Cc: Tri Pointe Keith Frankel 5 Peters Cannon Suite 100 Irvine,CA 92606 Bob Milani,Public Works(no attachments) Robin Estanislau,City Clerk(no attachments) 2000 Main Street, California 92648-2702 • Phone 714-374-1554 • Fax 714-374-1603 • www.huntingtonbeachca.gov Dept. ID PW 17-038 Page 1 of 2 Meeting Date:8/21/2017 PpprUv� 7 D CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 8/21/2017 /7232' SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Travis K. Hopkins, PE, Director of Public Works SUBJECT: Release Guarantee &Warranty Bond for Tract 17238 and Tract 17239 (Fairwind and Truewind Subdivisions) Statement of Issue: The required twelve-month warranty period has now elapsed for the public improvements that were constructed by TRI Pointe Homes, Inc. for the Fairwind and Truewind Subdivisions, Tract 17238 and 17239 (Attachment 1). Their Guarantee &Warranty Bonds are now eligible for release. Financial Impact No funding is required for this action. Recommended Action: A) Release Guarantee & Warranty Bond No. PB03010401486-M (Attachment 2) and instruct the City Clerk to notify TRI Pointe Homes, Inc. (the subdivider of Fairwind Subdivision Tract 17238) and the City Treasurer to notify Philadelphia Indemnity Insurance Company, of this action; and, B) Release Guarantee & Warranty Bond No. PB03010401245-M (Attachment 3) and instruct the City Clerk to notify TRI Pointe Homes, Inc. (the subdivider of Truewind Subdivision Tract 17239) and the City Treasurer to notify Philadelphia Indemnity Insurance Company, of this action. Alternative Action(s): Deny the recommended action. Denying the recommended action may violate the Subdivision Map Act whereby Section 66499.7 of the Government Code requires that the securities given for the faithful performance of constructing public improvements shall be released upon acceptance of the work. Analysis: On August 15, 2016, City Council accepted the newly constructed public improvements that were built by TRI Pointe Homes, Inc. to satisfy the requirements of the Fairwind and Truewind Subdivisions, Tracts 17238 and 17239 respectively. The public improvements include new curb, gutter, sidewalk, paving, lighting, signing and striping, water, sewer and storm drain improvements. At that meeting, City Council also accepted Guarantee & Warranty bonds as security for the 12- month warranty period. The City Engineer has now determined that the improvements were constructed in substantial compliance with the approved plans and specifications, have performed satisfactorily throughout the warranty period, and that the Guarantee & Warranty Bond can now be recommended for release. Item 9. - 1 x8 -98- Dept. ID PW 17-038 Page 2 of 2 Meeting Date:8/21/2017 Environmental Status: The subject request is exempt pursuant to the California Environmental Quality Act. Strategic Plan Goal: Non-Applicable —Administrative Item Attachment(s): 1. Location Maps 2. Guarantee &Warranty Bond No. PB03010401486-M 3. Guarantee &Warranty Bond No. PB03010401245-M xB _gg- Item 9. - 2 ATTACHMENT # 1 i ELLJS AVENUE CITY OF f FOU TAIN VALLEY El GAR IFlD AV&UE . 29 z Lu m YORKTOWN AVENUE MADELM DR SITE CITY of z HUNTINGTON BEACH s PIONEER DR. ADAMs AVENUE GMYSBURG DR, 1 INDIAWiPOLJS AVENUE / xB -101- Item 9. - 4 i:. CITY OF 5 FOUNTAIN VALLEY ELLIS AVENUE m GARFIELD AVENUE 1 :wwA a .3 CITY OF 3 � - Q COSTS MESA YORKTM AVENUE CL CITY OF SITE HUNTINGTON BEACH Q ADAMS AVENUE f Item 9. - 5 HB -102- ATTACHMENT #2 HB -103- Item 9 . 6 BOND NO. PB03010401486-M PREMIUM is included in Performance Bond GUARANTEE AND WARRANTY BOND WHEREAS,TRI Pointe Homes, Inc., a Delaware corporation,as a Principal, and Philadelphia Indemnity Insurance Company, a corporation organized under the laws of the State of Pennsylvania and duly authorized to do business in the State of California, as Surety, are held and firmly bound unto the City of Huntington Beach, California, as Obligee,in the penal sum of One Hundred Fifty-Nine Thousand Three Hundred Ninety-Five and no/100 Dollars($159,395.00), representing 10 percent of the contract price entered into between the Principal and Obligee, to which payment well and truly to be made we do bind ourselves,and each of our heirs, executors,administrators, successors and assigns jointly and severally. WHEREAS,the said Principal entered into a contract with said Obligee, dated ky-,bu, [S 'Z-010t for work described as follows: Subdivision Improvements—Fairwind—Tract 17238 WHEREAS, said contract provides that the Principal will furnish a bond conditioned to guarantee and warrant for the period of one year after completion of the work and acceptance thereof by the Obligee, against all defects in workmanship and materials during said one-year period. WHEREAS, said work has been completed, and accepted by Obligee on U4UST i LGl NOW,THEREFORE,the Principal and Surety,jointly and severally shall indemnify the Obligee for all loss that the Obligee may sustain by reason of any defective materials or workmanship,which become apparent during the period of one year from and after date of completion of work and acceptance thereof by Obligee. In witness whereof, this instrument has been duly executed by the principal and surety above named, on July 12, 2016. TRI Pointe Homes, Inc.,a Delaware corporation, Philadelphia Indemnity Insurance Company as Principal as Surety By By: Mich6lle Haase,Attorney-in-Fact Keith P. Frankel By— As3t6t3nt Sgcte= APPROVED AS To FORA lw�, 1 MICHA L E,GATE$ CITY ATTORNEY CITY OF r+uNnNGTON Item 9. - 7 HB -104- _ ALL® PURPOSE CERTIFICATE OF ACKNOWLEDGMENT f A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate V is attached,and not the truthfulness,accuracy,or validity of that document. i State of California } ' County of Orange } On gg� 2016 before me, Brianne Davis, Nota�en ry Public i � � ) ere insert� E fi e o e o seq personally appeared Michelle Haase if who proved to me on the basis of satisfactory evidence to be the person(W whose names) is/jam subscribed to the within instrument and acknowledged to me that ke/shel y executed the same in kislherltheir authorized capacity0exX and that by JmWher!?tfx&signature* on the instrument the person*, or the entity upon behalf of i , 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. BRIANNE DAVIS WITNESS my hand and official seal. -" ; commission No. 2G17152 Z Z =`.} •� NOTARY PUBLIC-CALIFORNIA 0 ORANGE COUNTY s i • ) My Comm.Expires APRtI 1,2017 Notary Public Signature (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION nasTxucTrorrs FOR cor�LETnJc THIS Four This form complies with current California statutes regarding ratan•vending and, DESCRIPTION OF THE ATTACHED DOCUMENT ifarcded should be completed and attached to the document.Acknolvedgenisfmni 'F4 I other states maP he completed for documents being seat to that state so long as the irarding does not require the California notary to r•iolate California notary Imr. I (Title or description of attached document) State and County information must be the State and County where the document signe(s)personally appeared before the notary public for acknowledgment i • Date of notarizarion must be the date that the simcr(s)personally appeared which - (Tine or description of attached document continued) must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her m Number of Pages Document Date commission followed by a comma and then your title(notary public). I' • Print the name(s)of docmnent signer(s)who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by emssing off incorrect forms(i.e. Ae/shcid eye is lace)or circling the correct forms.Failure to correctly indicate this i ❑ Individual(s) information may lead to rejection of document recording. ❑ Corporate Officer The notary seal impression must be clear and photographically reproducible- Impression must not cover text or lines.If seal impression smudges,rc-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgmentn Can. ❑ Partner(s) Signature of the notary public must match the signature on file with the off—of die county clerk. ❑ Attomey-in-Fact r Additional information is not required bin could hdp to cnsurc this ❑ Trustee(s) acknowledgment is not misused or attached to a different docwnent. Other Indicate title ortypc of attached docmncn ft,number o pages and date. ❑ Indicate the capacity claimed by the signer.If the clauned capacity is a I' corporate officer,indicate the title(i.e.CEO.CFO.Secretary). it,i ,-,._• �_ „- ,._ • Securely attach this document to the signed document with a staple ' IaI I xB -105- Item 9. - 8 4104 PHILADELPHIA INDEMNITY INSURANCE COMPANY 231 St.Asaph's Rd.,Suite 100 Bala Cynwyd,PA 19004-0950 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: that PHILADELPHIA INDEMNITY INSURANCE COMPANY(the Company),a corporation organized and existing under the laws of the Commonwealth of Pennsylvania,does hereby constitute and appoint:JANINA MONROE,THOMAS G.MCCALL,TIMOTHY J. NOONAN AND MICHELLE HAASE OF LOCKTON COMPANIES,LLC Its true and lawful Attorney(s)in fact with full authority to execute on its behalf hoods,undertakings,recognizanees and other contracts of indemnity and writings obligatory in the nature thereof,issued in the course of its business and to bind the Company thereby,in an amount not to exceed S25,000,000.00 This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY at a meeting duly called the 1"day of July,2011. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to:(1)Appoint Anomey(s)in Fact and authorize the Attorney(s)in Fact to execute on behalf of the Company bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney-in-Fact and revoke the authority given. And,be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile,and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall he valid and biding upon the Company in the future with the respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF,PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFF=D BY ITS AUTHORIZED OFFICE THIS 7"DAY OF FEBRUARY 2013. W (Seal) Rohert D.O'Leary Jr.,President&CEO Philadelphia Indemnity Insurance Company On this 10*day of June 2013,before me came the individual who executed the preceding instrument,to me personally known,and being by me duly sworn said that be is the therein described and authorized officu of the PHILADELPHIA INDEMNITY INSURANCE COMPANY;that the seal affixed to said instrument is the Corporate seal of said Company;that the said Corporate Seal and his signature were duly affixed mMMONV6,MTM OF PENNSYLVANU Neoih'Y�I `/ ""`/ Keny>fY 0.NenlesMl,—1-111[ (ymnlpbn 6�6 pc;!,r016 Ntn rcwmvwa, a`"o— Notary Public: residing at Bala Ctmwvd.PA (Notary Seal) My commission expires: December 1 S.2016 1,Craig P.Keller,Executive Vice President,Chief Financial Officer and Secretary ofPHILADELPHIA INDEMNITY INSURANCE COMPANY,do herby certify that the foregoing resolution of the Board of Directors and this Power of Attumey issued pursuant thereto are true and correct and are still in full force and effect I do further certify that Robert D.O'Leary Jr.,who executed the Power of Attomey as President,was on the date of execution of the attached Power of Attomey the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY, t n tl ont In Testimony Whereof 1 have subscribed my name and affixed the facsimile seal of each Company this day of Alt t ?2 liho Craig P.Keller,Executive Vice President,Chief Financial Officer&Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY Item 9. - 9 HB -106- 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 Californi F County of On w I V Lf JI before me, fOl/vo v,-t r-i Yam' (insert name and title of the officer)' 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. BARBARA ALEXANDER NOTARY PUBLIC•CALIFORNIA COMMISSION A 2108501 TY WITNESS m hand and official seal. ORANGE y My Comm.Exp.p,May ay 22.2010 Signature :A XA - ' i✓,v�� (Seal) HB -107- Item 9. - 10 ATTACHMENT #3 BOND NO. PB03010401245-M PREMIUM is included in Performance Bond GUARANTEE AND WARRANTY BOND WHEREAS,TRI Pointe Homes, Inc.,a Delaware corporation,as a Principal, and Philadelphia Indemnity Insurance Company, a corporation organized under the laws of the State of Pennsylvania and duly authorized to do business in the State of California, as Surety, are held and firmly bound unto the City of Huntington Beach, California,as Obligee, in the penal sum of Sixty-Eight Thousand Two Hundred Thirty-Seven and no/100 Dollars($68,237.00), representing 10 percent of the contract price entered into between the Principal and Obligee,to which payment well and truly to be made we do bind ourselves, and each of our heirs, executors, administrators, successors and assigns jointly and severally. WHEREAS,the said Principal entered into a contract with said Obligee, dated , sac ZI , 20 I.S'— for work described as follows: Subdivision Improvements—Truewind—Tract 17239 WHEREAS, said contract provides that the Principal will furnish a bond conditioned to guarantee and warrant for the period of one year after completion of the work and acceptance thereof by the Obligee,against all defects in workmanship and materials during said one-year period. WHEREAS, said work has been completed,and accepted by Obligee on 0(J QsT NOW,THEREFORE, the Principal and Surety,jointly and severally shall indemnify the Obligee for all loss that the Obligee may sustain by reason of any defective materials or workmanship,which become apparent during the period of one year from and after date of completion of work and acceptance thereof by Obligee. In witness whereof, this instrument has been duly executed by the principal and surety above named,on July 12,2016. TRI Pointe Homes. Inc.,a Delaware corporation, Philadelphia Indemnity Insurance Company as Principal as Surety By Mille Haase, Attorney-in-Fact Keith P. Frankel By—�6sist2nt SArretaN APPROVED AS TO FORM 1 By. MICHAEL E.GATES r� CITY ATTORNEY CM OF HUNTINGTON'BEACry HB -109- Item 9. - 12 � - r �.I i f= ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT i 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 } { t County of Orange } On 1¢,•d1 _ 2 ZOIE before me, Brianne Davis, Notary Public re msen name ana ue of t e icer�—r personally appeared Michelle Haase who proved to me on the basis of satisfactory evidence to be the person(W whose names) isles subscribed to the within instrument and acknowledged to me that k/she/tbW executed the same in Ws/her/their authorized capacityoeo and that by j *jsdheftsk signature* on the instrument the person*, or the entity upon behalf of which the personal acted, executed the instrument. I, I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. x BRIANNE DAVIS } ' WITNESS my hand and official seal Commission No. 2017152 Z ? a NOTARY PUBLIC-CALIFORNIA C? _ ORANGE COUNTY 1 y Comm.Expires APRIL 1,2017 i Notary Public Signature (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM I This farm complies with current California slatenes regarding notary trording and. DESCRIPTION OF THE ATTACHED DOCUMENT tfneeded.should be completed and attached to the doannent.AcAnohredgems from other stares inaP be completed for doctnnents being sew to that state so long as the wording does nor require the California notary to riolaie California notary lmr. I, (Tile or description of attached document) State and County information must be the State and County where the doannent signer(s)personally appeared before the notary public Fur acknowledgment. • Date of notarisation must be the date that the signcr(s)personally appeared which (Tide or description of attached document continued) must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her I. Number of Pages Document Date commission followed by a commit and then your title(notary public). • Print the narne(s)of document signer(s)who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural Corns by crossing off incorrect forms(i.e. ke!sWtl,-is lere)or circling the correct Forms.Failure to correctly indicate this ❑ Individual(s) information tray lead to rejection of document recording. ❑ Corporate Officer The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines.if seal impression smudges,re-scat if a - (Title) sufficient area permits.otherwise complete a differcm acknowledgment form. • Signature of the notary public must match the signature on file with the office of El Partner(s) j the county clerk. ❑ Attomey-in-Fact v Additional information is not required but could help to ensure this ❑ Trustee(s) acknowNe gment is not mistsed or anached to a different document- Other Indicate title or type of attached document,number of pages and date. t ❑ L• Indicate the capacity claimed by the signer.If the claimed capacity is a f corporate officer•indicate the title(i.e.CEO.CFO.Seemiary). • Securely attach this document to the signed document with a staple Item 9. - 13 xB -110- 4103 PHILADELPHIA INDEMNITY INSURANCE COMPANY 231 St.Asaph's Rd.,Suite 100 Bala Cynwyd,PA 19004-0950 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS:that PHILADELPHIA INDEMNITY INSURANCE COMPANY(the Company),a corporation Organized and existing under the laws Of the Commonwealth Of Pennsylvania,does hereby constitute and appoint:JANINA MONROE,THOMAS G.MCCALL,TIMOTHY J. NOONAN AND MICHELLE HAASE OF LOCKTON COMPANIES,LLC Its true and lawful Attomey(s)in fact with full authority to execute On its behalf bonds,undertakings,recognizances and other contracts of indemnity and writings obligatory in the nature thereof,issued in the course Of its business and to bind the Company thereby,in an amount not to exceed$25.000.000.00 This Power Of Attomey is granted and is signed and scaled by facsimile under and by the authority of the following Resolution adopted by the Board of Directon of PHILADELPHIA INDEMNITY INSURANCE COMPANY at a meeting duly called the I'day of July,2011. RESOLVED: That the Board of Directors hereby authorizes the President Or any Vice President Of the Company to:(1)Appoint Attorney(s)in Fact and authorize the Attorney(s)in Fact to execute On behalf of the Company bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attomey-in-Fact and revoke the authority given.And,be it FURTHER RESOLVED: That the sienatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile,and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and biding upon the Company in the future with the respect to any bond Or undertaking to which it is attached. IN TESTIMONY WHEREOF,PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 7-DAY OF FEBRUARY 2013. (Seal) Robert D.O'Leary Jr.,President&CEO Philadelphia Indemnity Insurance Company On this 10'day of June 2013,before me came the individual who executed the preceding instrument,to me personally known,and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY;that the seal affixed to said instrument is the Corporate seal of said Company;that the said Corporate Seal and his signature were duly affixed. COMMONWEALTH OF PENNSYLVANIA Ih�'elyA—kW,Na yPuWc lawn—Txy.-mylry(aurcY MY tbmn49on bpi ^n�;t�.`116 aeK�a rtwsnYn°" ''"�' Notary Public: residing at Bala Cvnwvd.PA (Notary Seal) My commission expires: December 18.2016 1,Craig P.Keller,Executive Vice President,Chief Financial Officer and Secretary ofPH1LADELPHIA INDEMNITY INSURANCE COMPANY,do herby certify that the foregoing resolution Of the Board of Directors and this Power of Attomey issued pursuant thereto are true and correct and are still in full force and effect.I do further certify that Robert D.O'Leary Jr.,who executed the Power of Attorney as President,was on the date Of execution of the attached Power of Attomey the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY, In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this day Of j 1 dd ! ) 01 9-20_ Craig P.Keller,Executive Vice President,Chief Financial Officer&Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY HB -III- Item 9. - 14 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 X County of I k On J�L ly (�� , 1.t1((G before me, W�GU'tti i i 1��6�1{ e �L �t� IC L I �nsert name and title'of the officer) personally appeared CC 1 j 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. BARBARA ALEXANOER NOTARY PUBLIC-CALIFORNIA COMMISSION*2108501 ' WITNESS my an an hand d official seal; ORANGE COUNTY / My Comm.Exp.May 22.2016 ------------- Signature /<� � �' ' /��� � (Seal) Item 9. - 15 xB -112- City of Huntington Beach ti 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov Office of the City Clerk Robin Estanislau, City Clerk August 28, 2017 TRI Pointe Homes, Inc. 19520 Jamboree Road, Suite 200 Irvine, CA 92612 Re: Released Guarantee &Warranty Bond for Tract No. 17238 and Tract 17239 (Fairwind and Truewind Subdivisions) Please be advised that on Monday, August 21, 2017 the City Council of the City of Huntington Beach took the following action: A) Released Guarantee &Warranty Bond No. PB03010401486-M (Attachment 2) and instructed the City Clerk to notify TRI Pointe Homes, Inc., (the subdivider of Fairwind Subdivision Tract 17238) and the City Treasurer to notify Philadelphia Indemnity Insurance Company, of this action; and, B) Released Guarantee &Warranty Bond No. PB03010401245-M (Attachment 3) and instructed the City Clerk to notify TRI Pointe Homes, Inc., (the subdivider of Truewind Subdivision Tract 17239) and the City Treasurer to notify Philadelphia Indemnity Insurance Company, of this action. Sincerely, ,�k� q44V4j4&j Robin Estanislau City Clerk Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand g1followup/tract/release bonds for tract-letter.doc CITY OF HUNTINGTON BEACH Finance Department Accounts Receivable, Cashiering, F a.: Collections & Disbursements Division Lori Ann Farrell Harrison Chief Financial Officer CERTIFIED MAIL November21,2016 Philadelphia Indemnity Insurance Company 231 St.Asaph's Rd., Suite 100 Bala Cynwyd, PA 19004-0950 To Whom It May Concern: This is to inform you the City of Huntington Beach City Council approved the release of the following bonds on August 15,2016: Tract#17238 Faithful Performance Bond No. PB03010401486 Labor and Material Bond No. PB03010401486 Monument Bond No. PB03010401487 Tract#17239 Faithful Performance Bond No.PB03010401245 Labor and Materials Bond No. PB03010401245 Monument Bond No. PB03010401246 Guarantee and Warranty Bond No. PB03010401995 We are releasing these bonds and have enclosed the bonds for your files. If you have any questions regarding this matter, please contact me at(714)536-5200. Sincerely, na Joyce M.Zacks X C, Deputy City Treasurer Enclosures E cc: TRI Pointe Homes(no enclosures) Lr7cn Bob Milani(no enclosures) Robin Estanislau (no enclosures)✓ 2000 Main Street, California 92648-2702 Phone 714-374-1334 ► Fax 714-374-1603 a www.huntingtonbeachca.gov Dept. ID PW 16-045 Page 1 of 3 Meeting Date:8/15/2016 CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 8/15/2016 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Travis K. Hopkins, PE, Director of Public Works SUBJECT: Approve, accept and authorize recordation of the Public Improvements, release the Securities for Tract 17239 (Truewind Subdivision - former Wardlow School Site) and release Guarantee &Warranty Bond for Wardlow Park Parking Lot Statement of Issue: TRI Pointe Homes, Inc, the subdivider of Tract 17239, has completed construction of all required public improvements and is now eligible to receive a release of securities and bonds, pursuant to the provisions of the Subdivision Map Act. Financial Impact: Not Applicable. Recommended Action: A) Accept the improvements constructed and dedicated for public use with Tract 17239 and instruct the City Clerk to record the "Notice of Acceptance of Public Improvements" (Attachment 2) with the Orange County Recorder; and, B) Release the Faithful Performance Bond No. PB03010401245, Labor and Materials Bond No. PB03010401245 and Monument Bond No. PB03010401246, pursuant to the California Government Code Section No. 66499.7(a); and, C) Accept Guarantee and Warranty Bond No. PB03010401245-M (Attachment 3); the security furnished for guarantee and warranty of public improvements, and instruct the City Clerk to file the bond with the City Treasurer; and, D) Release the Guarantee and Warranty Bond No. PB03010401995 for Wardlow Parking Lot; E) Instruct the City Clerk to notify TRI Pointe Homes, Inc., the subdivider of Tract No. 17239, and the City Treasurer to notify Philadelphia Indemnity Insurance Company, of these actions. Alternative Action(s): Deny the recommended action. Denying the recommended action may violate the Subdivision Map Act whereby: 1. Section 66499.7 of the Government Code requires that the securities given for the faithful performance of constructing the public improvements shall be released upon acceptance of the work. HB -69- Item 7. - I Dept. ID PW 16-045 Page 2 of 3 Meeting Date:8/15/2016 2. Section 66499.9 of the Government Code, requires the Guarantee and Warranty of the work for a period of one year following completion and acceptance of the improvement, against any defective work, labor and materials furnished. Denying the acceptance of the Guarantee and Warranty bond may place undue burden and cost upon the city for correcting any defective work, labor and material provided by the subdivider. Analysis: On October 9, 2012, the Planning Commission approved Tentative Tract Map 17239 and Conditional Use Permit No. 08-025 to allow the subdivision of the subject 8.35 acres site into 49 numbered and seven (7) lettered lots for development of detached residential dwellings as a Planned Unit Development (PUD). On April 21, 2014, City Council approved Final Tract Map No. 17239 and the Subdivision Agreement between the City of Huntington Beach and TRI Pointe Homes, Inc., and also accepted the project's required bonds as follows: Faithful Performance Bond No. PB03010401245; Labor and Materials Bond No. PB03010401245 and Monument Bond No. PB03010401246. The subdivider has completed all required public improvements and is now requesting release of the aforementioned securities, pursuant to California Government Code Section 66499.7(a). The constructed improvements include: curb, gutter, sidewalk, lighting, signing/striping and paving along Pioneer Drive, the domestic water system within the private streets and the off-site storm drain system. The City Engineer has determined that the public improvements have been constructed in substantial compliance with the approved plans and specifications, and recommends acceptance of these improvements. TRI Pointe Homes, Inc. has provided Guarantee and Warranty Bond No. PB03010401245-M as security for the one-year warranty period, and is now requesting acceptance of this bond. Additionally, on June 1, 2015, City Council accepted the improvements that were constructed for an 80-space parking lot to serve the adjacent Wardlow Park and baseball fields. These improvements were made by TRI Pointe Homes, Inc. to satisfy the public benefit requirements of this project. The City Engineer has determined that the improvements have been constructed in substantial compliance with the approved plans and specifications and performed accordingly throughout the warranty periods, and, therefore, recommends release of the Guarantee and Warranty Bond No. PB03010401995. Following is a list of the project data: DEVELOPER: TRI Pointe Homes, Inc., 19520 Jamboree Road, Suite 200, Irvine, CA 92612 ENGINEER: Walden & Associates, 2552 White Road, Suite B, Irvine CA 92614 LOCATION: 9191 Pioneer Drive (north of Pioneer Drive, east of Magnolia Street) ZONE: RL (Residential Low Density) GENERAL PLAN: RL-7 (Residential Low Density— 7 dwelling units per acre) NO. OF ACRES: 8.35 acres Item 7. - 2 HB -70- Dept. ID PW 16-045 Page 3 of 3 Meeting Date:8/15/2016 Environmental Status: This recommended action is a ministerial act, and is exempt from the requirements of the California Environmental Quality Act, pursuant to State CEQA Guidelines, California Administrative Code, Title 14, Chapter 3, Section 15268(b). Strategic Plan Goal: Non-Applicable —Administrative Item Attachment(s): 1. Location Map 2. Notice of Acceptance of Public Improvements 3. Guarantee and Warranty Bond No. PB03010401245-M HB -71- Item 7. - 3 EWS AVENUE CITY OF FQU qTAIN VALLEY , GARFIE(.I} AVENUE 71 LAJ YORKTOWN AVENUE 3g MADEIlNE DR. CITY OF g HUNTINGTON BEACH m PIONEER DR. cn 1 ADAMS AVENUE GEiIYSBURG DR. (NDIANAFOUS AVENUE Item 7. - 4 HB -72- Recorded in Official Records, Orange County Hugh Nguyen, Clerk-Recorder 1E I IE�IE�11111[ 111 1111E��1E ��l I[ NO FEE * $ R 0 0 0 8 6 0 8 4 6 0 $ 201600038601911:52 am 08116/16 Recording requested by, 47 NC-5 A04 2 and when recorded return to: 0.00 0.00 0.00 0.00 3.00 0.00 0.00 0.00 Robin Estanislau,City Clerk Office of the City Clerk CITY OF HUNTINGTON BEACH P.O.Box 190—2000 Main Street Huntington Beach,Ca.92648 (Space above this line for Recorder's use only) ACCEPTANCE OF PUBLIC IMPROVEMENTS (Huntington Beach Zoning and Subdivision Ordinance Section 255.22) PLEASE TAKE NOTICE THAT on August 15, 2016, the City Engineer considered the subdivision improvements described below, and found them to have been completed satisfactory and accepted, as limited by Huntington Beach Zoning and Subdivision Ordinance Section 255.22(A), the improvements for public use. Further, the public improvements of the subdivision have been dedicated to the City of Huntington Beach, as described on Final Map No. 17239 (Truewind Subdivision). Public improvements constructed consist of curb, gutter, sidewalk, paving, signing/striping and street lights on Pioneer Drive, domestic water system within the private streets and the off-site storm drain system. The Foregoing instrument is the City Clerk's Original Document Reflecting City Council Action Taken at the August 15, 2016 City Council Meeting Submitted for Recordation by the Orange County Recorder. Attest �u' a�) 2016 City Clerk and Ex-officio Clerk of the City Council of the Cqy of Huntington Beach, California B�y i-l�7�4Ksd Ot 6164_1 CITY O UNTINGTON BEACH This doa;rroot Is solely for the of kW bushels of the City of Huntt bm Beech,as contempHied txtder Oovem,.ent Code sec.6103 and by:tC ity EnAr" shoed o i.rd=,ded&"of cha(ve. APPROVED AS TO FORM By: ' J -r1MICFWEL E. GATES �12.G/Lo CITY OF H tMNGTON BEACH Recording requested by, and when recorded return to: Robin Estanislau,City Clerk Office of the City Clerk CITY OF HUNTINGTON BEACH P.O.Box 190—2000 Main Street Huntington Beach,Ca.92648 (Space above this line for Recorder's use only) ACCEPTANCE OF PUBLIC IMPROVEMENTS (I-1untington Beach Zoning and Subdivision Ordinance Section 255.22) PLEASE TAKE NOTICE THAT on August 15, 2016, the City Engineer considered the subdivision improvements described below, and found them to have been completed satisfactory and accepted, as limited by Huntington Beach Zoning and Subdivision Ordinance Section 255.22(A), the improvements for public use. Further, the public improvements of the subdivision have been dedicated to the City of Huntington Beach, as described on Final Map No. 17239 (Truewind Subdivision). Public improvements constructed consist of curb, gutter, sidewalk, paving, signing/striping and street lights on Pioneer Drive, domestic water system within the private streets and the off-site storm drain system. The Foregoing instrument is the City Clerk's Original Document Reflecting City Council Action Taken at the August 15, 2016 City Council Meeting Submitted for Recordation by the Orange County Recorder. Attest 2016 City Clerk and Ex-officio Clerk of the City Council of the CCiiV of Huntington Beach, California B� G-�r n-�749:01 •--Depuvy nQiAA--, CITY OFYHUNTINGTON BEACH This dmurreot Is Syr fcr the etiicivJ business of,?he C*y of HundrQtw aea 1,as conteriV6shd undw Coyetnre!ent C Sm 6103-"� by:LCity Engin er APPROVED AS TO FORM 9 By: -1- -^CHAEL E.GATES CM ATTORNEY CITY OF H NTINGTON BEACH CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 Califor�'a ) County of On 2 /2V.4 before me, �� � Date Here Insert Name a Title of the Officer personally appeared � /77/�=1 `�7� Z /9�V1� 1Aj lf!�ES/ 1-91U%J L.4& Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persor jsWwhose nameos, ' are subscribed to the within instrument and acknowledged to me that he7lbsh they executed the same in his heir authorized capacit ies .and that by hisfher/ eii ignaturq )on the instrument the perso 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 h d and official seal. P. L. ESPARZA Commission#2032750 Z Signaturei— X` li�' .:� Notary Public-California z orange County ' Signature of Vtary Publi My Comm. Expires Aug 4,2017 PIVIVIVIVIVIRF1WPlace Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑General • Individual ❑ Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑ Guardian or Conservator ❑Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: ©2014 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item #5907 BOND NO. PB03010401245-M PREMIUM is included in Performance Bond GUARANTEE AND WARRANTY BOND WHEREAS,TRI Pointe Homes, Inc., a Delaware corporation, as a Principal, and Philadelphia Indemnity Insurance Company, a corporation organized under the laws of the State of Pennsylvania and duly authorized to do business in the State of California, as Surety, are held and firmly bound unto the City of Huntington Beach, California, as Obligee, in the penal sum of Sixty-Eight Thousand Two Hundred Thirty-Seven and no/100 Dollars($68,237.00), representing 10 percent of the contract price entered into between the Principal and Obligee,to which payment well and truly to be made we do bind ourselves, and each of our heirs, executors, administrators, successors and assigns jointly and severally. WHEREAS,the said Principal entered into a contract with said Obligee, dated AV—P-4 ZI , 'Lo ISM for work described as follows: Subdivision Improvements—Truewind—Tract 17239 WHEREAS, said contract provides that the Principal will furnish a bond conditioned to guarantee and warrant for the period of one year after completion of the work and acceptance thereof by the Obligee, against all defects in workmanship and materials during said one-year period. WHEREAS, said work has been completed, and accepted by Obligee on LXWST 20 NOW,THEREFORE,the Principal and Surety,jointly and severally shall indemnify the Obligee for all loss that the Obligee may sustain by reason of any defective materials or workmanship,which become apparent during the period of one year from and after date of completion of work and acceptance thereof by Obligee. In witness whereof, this instrument has been duly executed by the principal and surety above named,on July 12,2016. TRI Pointe Homes, Inc., a Delaware corporation, Philadelphia Indemnity Insurance Company as Principal as Surety By / By: 7, Mich6lle Haase,Attorney-in-Fact Keith P.Frankel By— Assistnnt SPrratary APPROVED AS TO FORM t By.elL M1 iAEI E.GATES cm ATTORNEY ;t:AT�14,''n ni,,:c nee h�.�[1� II cnuPCIOFi MUNl'JNQa'II nd:TP}-!-P�?li�0I p4�1 125_ i ALL- PURPOSE j CERTIFICATE OF 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. i i State of California } County of Orange } On Jail 1 2 2016 before me, Brianne Davis, Notary Public ere insen name ano Ulle,or ine o icer i personally appeared Michelle Haase who proved to me on the basis of satisfactory evidence to be the personw whose j names) is/am subscribed to the within instrument and acknowledged to me that ke/she/RW executed the same in kjs/her/amir authorized capacity0ftsX and that by JdWherftak signature* on the instrument the person*, or the entity upon behalf of i 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. °.� BRIANNE DAVIS WITNESS my hand and official seal. commission No. 2017152 Z �� `�L/ NOTARY PUBLIC-CALIFORNIA ORANGE COUNTY My Comm.Expires APRIL 1,2017 Notary Public Signature (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statures regarding nolarn wording and, DESCRIPTION OF THE ATTACHED DOCUMENT if needed.should be completed and attached to the doctmrent.Acknohl edgents from other states tray be compleied.for documents being sent to that state so long as lire wording does not require the California notary to violate California notary Imr. (Title or description of attached document) - State and County information must be the State and County where the document signers)personally appeared before the notary public for acknowledgment. j - Date of notarisation must be the date that the signcr(s)personally appeared which (Title or description of attached document continued) must also be the same date the acknowledgment is completed. - The notary public must print his or her name as it appears within his or her Number of Pages Document Date commission followed by a comma and then your title(notary public). - Print the name(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER - Indicate the correct singular or plural forms by crossing ofl'incorrect forms(i.e. I he/shc/they—is/aft)or circling the correct forms.Failure to correctly indicate this ❑ Individual (s) infonnation may lead to rejection of document recording. i ❑ Corporate Officer - The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment fonn ❑ Partner(s) - Signature of the notary public must match the signature o11 file with the office of the county clerk. ❑ Attomey-in-Fact Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. Other indicate title or type of attached document,number of pages and date. ❑ Indicate the capacity claimed by the signer. if the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). I :�U 5`:��sfor ,s�-f.�c,;ary^lasso_�_�xn EC:U-c7':- 05� • Securely attach this document to the signed document with a staple. 4103 PHILADELPHIA INDEMNITY INSURANCE COMPANY 231 St.Asaph's Rd.,Suite 100 Bala Cynwyd,PA 19004-0950 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: that PHILADELPHIA INDEMNITY INSURANCE COMPANY(the Company),a corporation organized and existing under the laws of the Commonwealth of Pennsylvania,does hereby constitute and appoint:JANINA MONROE,THOMAS G.MCCALL,TIMOTHY J. NOONAN AND MICHELLE HAASE OF LOCKTON COMPANIES,LLC Its true and lawful Attorney(s)in fact with full authority to execute on its behalf bonds,undertakings,recognizances and other contracts of indemnity and writings obligatory in the nature thereof,issued in the course of its business and to bind the Company thereby,in an amount not to exceed$25,000,000.00 This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY at a meeting duly called the 1 n day of July,2011. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1) Appoint Attomey(s) in Fact and authorize the Attomey(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney-in-Fact and revoke the authority given. And,be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile,and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and biding upon the Company in the future with the respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF,PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 7T"DAY OF FEBRUARY 2013. o C9 (Seal) Robert D.O'Leary Jr.,President&CEO Philadelphia Indemnity Insurance Company On this 10t'day of June 2013,before me came the individual who executed the preceding instrument,to me personally known,and being by me duly swom said that he is the therein described and authorized officer ofthe PHILADELPHIA INDEMNITY'INSURANCE COMPANY;that the seal affixed to said instrument is the Corporate seal of said Company;that the said Corporate Seal and his signature were duly affixed. MMMONWEAL7M OF PENNSYLVANIA `�(f[my/�/}�-`t,J��-�/— NOhlia Seal `./ Krnbcly A Ks IeW,Notary Public Lov Merlon T.P.t�'�ry Cn my MV eDWMV Ew SO Sac.1!,2016 MlMelr�al+.rsnvNur,AssaunonovraTuols Notary Public: residing at: Bala Cynwyd,PA (Notary Seal) My commission expires: December 18,20I6 I,Craig P.Keller,Executive Vice President,Chief Financial Officer and Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY,do herby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto are true and correct and are still in full force and effect.I do further certify that Robert D.O'Leary Jr.,who executed the Power of Attorney as President,was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY, In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this day of d 1 dl 9 20 Craig P.Keller,Executive Vice President,Chief Financial Officer&Secretary PHILADELPHIA INDEMNITY INTSURANCE COMPANY I E �Cf 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 ��L County of On v� (�'� , 'LO ( lo before me, c✓tJGt�ri� ���� �iYL TU I L 41� _, nsert name and title of the officer) personally appeared e ( I� 4-tW(q'( 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 li 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. BARBARA ALEXANDER NOTARY PUBLIC-CALIFORNIA - COMMISSION#2108501 WITNESS my hand and officials ORANGE COUNTY My Comm.Exp.May 22,2019 - ------------ Signature L/ 1��� / (Seal) RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) after signing/dating (Date) CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: City Treasurer FROM: City Clerk DATE: SUBJECT: Bond Acceptance I have received the bonds for (Company Name) CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. Payment Bond (Labor and Materials) Bond No. Warranty or Maintenance Bond No. TRACT AND DEVELOPMENT Faithful Performance Bond No. Labor and Material Bond No. Guarantee and Warranty Bond No. Monument Bond No. Franchise Bond No. Letter of Credit Bond No. Other Re: Tract No. .�_ Approved (Council Approva Date) CC No. Agenda Item No. MSC No. City Clerk Vault No. � �1 1 Other No. SIRE System ID No. g:/forms/bond transmittal to treasurer City ® f Huntington Beach 200o Main Street o Huntington Beach, CA 92648 (714) 536-5227 ® www.huntingtonbeachca.gov Office of the City Clerk �7,1909 Robin Estanislau, City Clerk August 16, 2016 TRI Pointe Homes 19520 Jamboree Road, Ste. 200 Irvine, CA 92612 Re: Approve the Release of Securities for Tract No. 17239 and Accept the Public Improvements Please be advised that on Monday, August 15, 2016 the City Council of the City of Huntington Beach took the following action: A) Accepted the improvements constructed and dedicated for public use with Tract 17239 and instructed the City Clerk to record the "Notice of Acceptance of Public Improvements"with the Orange County Recorder; and, B) Approved release the Faithful Performance Bond No. P1303010401245, Labor and Material Bond No. PB03010401245 and Monument Bond No. PB03010401246 pursuant to the California Government Code Section No. 66499.7(a); and, C) Approved release of the Guarantee and Warranty Bond No. PB 03010401995 for Wardlow Parking Lot; and, D) Instructed the City Clerk to notify TRI Pointe Homes, Inc., the subdivider of Tract No. 17239, of this action and the City Treasurer to notify Philadelphia Indemnity Insurance Company, of these actions. Sincerely, 7� Robin Estanislau City Clerk RE:pe Sister Cities. Anjo, Japan o Waitakere, New Zealand