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HomeMy WebLinkAboutApprove, accept and authorize recordation of the Public Impr (7) 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 P ppa l/,"eb 7 O CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 8/21/2017 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 KB -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 HB -99- Item 9. - 2 ATTACHMENT # 1 EWS AVENUE � CITY OF f t FOU qTAIN VALLEY L GARFIELD AVENUE {\\j Jj(j .. � nm.l� n11111111Y .. A i L ng i \Q- n z YORKTOWN AVENUE MADELINE DR r 1 CITY of SRTE HUNTINGTON BEACH PIONEER DR�� ADAMS AVENUE cEnfsBURG DR. INDIARAPOUS AVENUE H B -1 O 1- Item 9. - 4 � 1 1100* CITY OF 5 FOUNTAIN VALLEY - ELLIS AVENUELAJ cn m GARRaD AVENUE i 01AWA DR. CITY OF � 3 Q COSTA MESA Z � l YQRKTQVYI� AVENUE Q- CITY OF SITE, HUNTINGTON BEACH Q ADAMS AVENUE Item 9. - 5 KB -102- ATTACHMENT #2 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 'ZCA 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 ) FS7' j 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: Michelle Haase, Attorney-in-Fact Keith P. Frankel By— D istant saccettlty APPROVED AS TO FORM 1 MICHAEL E.GATES 0 . CITY ATTORNEy CITY UE"I)IMNGTOW 6 Item 9. - 7 H B -j 04- r 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. rry A i State of California } i County of Orange } I On 2 2016 before me, Brianne Daves,nNotary Publican personally appeared Michelle Haase who proved to me on the basis of satisfactory evidence to be the personw whose nameQs) is/Am subscribed to the within instrument and acknowledged to me that i' ke/she/#W executed the same in kis/her/their authorized capacity0exX and that by t kkdher/Jb3edK signature* on the instrument the person*, or the entity upon behalf of which the person(*acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and corrects BRIA9dNE t)A1f15 i WITNESS my hand and official seal. n Cornmissiar No. 2017152 _ z NOTARY PUBLIC-CALIFORMA ORANGE COUNTY $7.. .. t'✓ r'x'`.}J3 +� 5.......`-.....,�r .-... Y-,....n«.«.,.o..ireAPRIL I_2p7� r.. Notary Public Signature (Notary Public Sea[ i l ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM This firm mrnylies it can err C'a7i(ornia sranrres regarding norarr wording and DESCRIPTION OF THE ATTACHED DOCUMENT i(needed.shordd be completed and attached to the document Acknolwedgems from " other states ntgy he completed for docrmrents being sent to that state so long as the [ trording does not require the Califamia notati in+-inlate Califommia oorao harm. (Title or description of attached document) • State and County inf'onnation roust be the State and County where the document � signer(s)personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signcr(s)personally appeared which (The 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 het Number of Pages Document Date commission followed by a comma and then your title(notary public). Print the name(s)or 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 of4'incorrect form(i.e. ha/shc/they—is?are)or evelingthe correct to Failure to correctly indicate this D Individual(s) ini'onnatian may lead to rejection of documentrnhs.recording. D 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 form D Partner(s) Signature of the notary public must match the siguaure on file with the office of the eouniv clerk. D Attomey-in-Fact Additional inforuation is not required but could help to ensue this D Trustee(s) acknowledgment is not misused or attached to a different document. Other Indicate title or type of attached document,number of pages and dot D Indicate the capacity claimed by the signer.If the clauned capacity is a r corporate officer,indicate the title(i.e.CEO,CFO.Secretary). • Securely attach this document to the signed document with a staple s t. H B -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.MCC ALL,TIMOTHY J. NOONAN AND MIC14ELLE 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 iLs 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 l"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 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 Attomey 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 AFFIXED BY ITS AUTHORIZED OFFICE THIS 7rn DAY OF FEBRUARY 2013. (Scat) Robert D.O'Leary Jr.,President&CEO Philadelphia Indemnity Insurance Company On this 10°i day of June 2013,before me carve the individual who executed the preceding instrument,to me personally known,and being by nre duly sworn said that he is the therein described and authorized officer of the PHI LADFLPHIA INDEMNITY INSURANCE COM PANY;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. COMMONWWN OF PENNSYLVATIA c \/{T�/��{}- Noo�b'Sal t�Y A KnskslA,NtRary Pubkc .McMn Tx�N�N�'M(d,rcy �Cpmrivbn E+V2s Ox.IP,2016 Notary Public: residing at: Bala Ctnwed.PA (Notary Seal) My commission expires: December I8.2016 1,Craig P.Keller,Executive Vice President,Chief Financial Officer and Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANW,do herby certify that the foregoing resolution of the Board of Directors and this Power of Atorney 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,mores on the date of execution of the attached Power of Attomey the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY, �} t' In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this day of All It 2 20 i-ko_ Craig P.Keller,Executive Vice President,Chief Financial Officer&Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY Item 9. - 9 H B -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 California. County ofjy�Gti� ) J On ' L� r j before me, i(! j yr 1# tt rw .' (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 B 2108501 WITNESS m hand d official l. ORANGE COUNTY y an o sea My Comm.Exp.May 22,2019 Signature 1 � _ ���` (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 no1100 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 {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 LcwsT , 2 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 Dbligee. 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 Indemnitv Insurance Company as Principal as Surety i By BY: Michelle Haase,Attorney-in-Fact Keith P.Frankel By Assistant';acrPtary APPROVED A5 TO FORM MICHAEL E,GATES CITY ATTORNEY CITY OF HU"NGTON'BEACH HB -t os- Item 9. - 12 .... _._ _..- - --- ALL® PURPOSE CERTIFICATE OF C ® L T 3 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 is attached,and not the truthfulness,accuracy,or validity of that document. i i( State of California } County of Orange } On tit 2 2016 before me, Brianne Davis, Notary Public € ere mee name an e o,toe.rcer personally appeared Michelle Haase j who proved to me on the basis of satisfactory evidence to be the person(*whose i nameps) is/mR subscribed to the within instrument and acknowledged to me that ke/she/t pr executed the same in kis/her/thetr authorized capacity)eRX and that by i I dsiherdbak signature>«stj on the instrument the person*),or the entity upon behalf of which the persons acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. BRIANNE DAVIS»� WITNESS my hand and official seal. U Commission No, 2017152 NOTARY PUBLIC-CALIFORNIA z m"� 0RANCE COUNTY ��'i�✓-:I'.�-/,��!�l�tn✓' i�»..........,«.....y Comm.Exphes APR»L...»017 ....a.....,b i Notary Public Signature (Notary Public Seal) i ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM [ Thus form empties with current California stances regarding norat}wording and, si DESCRIPTION OF THE ATTACHED DOCUMENT ifneeded should he conrplcied and anached ro the document.Acknohredgents from other stares anal,be canipleted for docrrnreats being seat to that stare so long as the s wording does not require the Cali(rnia notaty in violare California norar),Ime. S (Title or description of attached document) • State and County information must be the State and County where the doccrnent signals)personally appeared before the notary public for acknowledgment. I- • Date of notanzation must he the date that the signals)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 his name as it appears m,ithin tits or her Number of Pages_Document Date commission followed by a comma and then your title(notary public). • Print the name(s)of document signals)who personally appear at the time of j ' notarization. CAPACITY CLAIMED BY THE SIGNER Indicate the correct singular or plural forms by crossing on'incorrect forms(i.e helshddrey—is/ere)or circling the correct forns.Failure to correctly indicate this I 0 Individual(s) information inay lead to rejection ofdocument recording. i 0 Corporate Officer . "the notary seal impression must be clear and photographically reproducible. ii impression must not cover text or lines.if seal impression smudges,re-swI if a I (Title) sufficient area permits.otherveise complete a different acknowledgment farm. El Partner(s) • Sigiatum of the notary public must match the signature on tile with the office of the couniv clerk. i 0 Attomey-in-Fact .r Additional information is not required hat could help to ensuic this ❑ Trustee(s) acknowledguerit is not misused or attached to a different document. Other indicate title or type ofattached document,number of pages and date ❑ Indieate the capacity claimed by the signer.If the claimed capacity is a c corpomtc officer,indicate the i tie V CEO,CFO,Seerotan) I I ,,,.,,: ,.,It_� ) > i,, • Securely attach this docmnent to the signed document with a staple .._. __...... __ -.4— ---__.......... - .__.. _....._... .. ......._._ a Item 9. - 13 H B -110- 4103 PHILADELPHIA INDEMNITY INSURANCE COMPANY 231 St,Amphs Rd.,Suite 100 Bala Cynwyd,PA 19004-0950 Poker 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:J.ANINA 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,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 amour 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 lr 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 artd 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: Thar the signatures of such officers and the seal of the Company may be affixed to any such Power of Attomey or certificate relating thereto by facsimile,and any such Power of Attornev 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 SE.ALTO BE AFFIXED BY ITS AUTHORIZED OFFICE-THIS 7rn DAY OF FEBRUARY 2013. (Seal) Robert D.071-eary Jr.,President&CEO Philadelphia Indemnity Insurance Company On this 10ih day of June 2013,before me came the individual who executed the preceding instrument,to me personally known,and being by me duly swum 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. MMMONWEAL-M OF PENNSYLVANIA NCJt1Y Seal \`il' `o' `/ Ke�riely a xmis�ti,NIXa7 NbAc nNeror,l+.9.�r�hfsumY y"menrtbSMbpi'25t4e.1l,30t6 N!M!c4 m.mivul.nxmnm cr irotws Notary Public: residing at: Bala Cvnwvd.PA (Notary Seal) My commission expires: December I S.2016 I,Craio P.Keller,Executive Vice Resident,Chief Financial Officer and Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY,do herby certify that the foregoing resolution of the Board of Du colors 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 Attomey the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY, fit Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this day of E 4 Ft Q ) °}a,!9.20_ a�v[� Craig P.Keller,Executive Vice President,Chief Financial Officer&Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY HB -1 1 1- 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 County of OLL� ( ) On before me, 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. I @BARBARA ALEXANDER NOTARY PUBLIC-CALIFORNIA fL COMMISSION#2108NI WITNESS m hand and official seal; ORANGE COUNTY Y My Comm.Exp.May 22,2010 l] Signatures t/ ` ` ` (Seal) Item 9. - 15 HB -112- City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov . F8.-�17,1909 P�. 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, 4�� 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, Collections & Disbursements Division Lori Ann Farrell Harrison Chief Financial Officer CERTIFIED MAIL November 21,2016 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, N CD i Joyce M.ZacksC Deputy City Treasurer .-4 N .._ Enclosures - *; CD Cn cc: TRI Pointe Homes(no enclosures) Bob Milani(no enclosures) Robin Estanislau (no enclosures)✓ 2000 Main Street, California 92648-2702 Phone 714-374-1554 + Fax 714-374-1603 • www.huntingtonbeachca-gov RECEIVED BY: CITY CLERK RECEIPT COPY fi Return DUPLICATE to City Clerk's Office (Name) r I after signing/dating (Date) CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: City Treasurer FROM: City Clerk DATE: µ SUBJECT: Bond Acceptance �7 "') I 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. 1�;�' Monument Bond No. Franchise Bond No. Letter of Credit Bond No. Other Re: Tract No. Approvedr`/ (Council Approval Date) CC No. Agenda Item No. 66 MSC No. City Clerk Vault No. Other No. SIRE System ID No. g:/forms/bond transmittal to treasurer J/ n RECEBY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) after signing/dating (Date) CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION 6 LD TO: City Treasurer FROM: City Clerk / / DATE: SUBJECT: Bond Acceptance have received the bonds for -7 / Allol-1-Z-7— (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 pp (Council Approval Date) CC No. Agenda Item No. MSC No. City Clerk Vault No. Other No. SIRE System ID No. � g:/forms/bond transmittal to treasurer Dept. ID PW 16-044 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 and release the Securities for Tract 17238 (Fairwind Subdivision — former Lamb School Site) ,'/ Statement of Issue: TRI Pointe Homes, Inc., the subdivider of Tract 17238, has completed all required public improvements and is now eligible to receive a release of securities 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 17238 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. P1303010401486, Labor and Materials Bond No.PB03010401486 and Monument Bond No. PB03010401487 pursuant to the California Government Code Section No. 66499.7(a); and, C) Accept Guarantee and Warranty Bond No. PB03010401486-M (Attachment 3); the security furnished for guarantee and warranty of improvements, and instruct the City Clerk to file the bond with the City Treasurer; and, D) Instruct the City Clerk to notify TRI Pointe Homes, Inc., the subdivider of Tract 17238, 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 -59- Item 6. - 1 Dept. ID PW 16-044 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 23, 2012, the Planning Commission approved Tentative Tract Map 17238 and Conditional Use Permit No. 08-026 to allow the subdivision of the subject 11.65 acres site into 80 numbered and 15 lettered lots for development of detached residential dwellings as a Planned Unit Development (PUD). On December 15, 2014, City Council approved Final Tract Map No. 17238 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. PB03010401486, Labor and Materials Bond No. PB03010401486, and Monument Bond No. PB03010401487. The subdivider has completed construction of 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 Yorktown Avenue, the domestic water and sewer systems 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 now recommends acceptance of these improvements. TRI Pointe Homes, Inc. has provided and is now requesting acceptance of Guarantee and Warranty Bond No. PB03010401486-M as security for the one-year warranty period for these public improvements. It is important to note that this action is different from the action taken by City Council on December 7, 2015, whereby the Lamb Public Park improvements only were accepted, not the entire subdivision. The park improvements were constructed by TRI Pointe Homes, Inc. to satisfy the public benefit requirements of this project; the Guarantee and Warranty Bond No. PB03010402299 that was received for security of those improvements will be in effect throughout the 15-month maintenance period for the park. 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: 10251 Yorktown Avenue (north side of Yorktown Avenue, east of Brookhurst Street) ZONE: RL (Residential Low Density) GENERAL PLAN: RL-7 (Residential Low Density— 7 dwelling units per acre) NO. OF ACRES: 11.65 acres Item 6. - 2 HB -60- Dept. ID PW 16-044 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. PB03010401486-M HB -61- Item 6. - 3 CITY OF FOUNTAIN VALLEY f w ELL IS AVENUELAJ Y m GARFIELD AVENUE HALAWA DR. 3 CITY OF j 3 COSTA MESA YORKM AVENUE a CITY of S ITE HUNTINGTON BEACH Q ADAMS AVENUE f TV LOCATION MAP N.T.S. Item 6. - 4 HB -62- Recorded in Official Records, Orange County Hugh Nguyen, Clerk-Recorder I] II II 11111 I III I 1111$d I NO FEE * $ R 0 0 0 8 6 0 8 4 9 1 $ 201600038603311:55 am 08/16/16 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. 17238 (Fairwind Subdivision). Public improvements constructed consist of curb, gutter, sidewalk, lighting, signing/striping and paving along Yorktown Avenue, the public domestic water and sewer system within the private streets and the off-site storm 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. l Attest _Ij �` ( a� 2016 City Clerk and Ex-officio Clerk of the City Council of the City of Huntington Beach, California This doaxnent is sdety for the&kW busirs of the City of Hu &KAon CITY OF TINGTON BEACH er Basch,as oonWevi ed und Gove"wn•nt Code Sac.6103 and st,ocard b!recopied tree of charge, by: 'ty Engin r APPROVED AS TQ FORM Y: 11,/2-0 16 E.GATES CITY ATTORNEY CITY OF HWMNGTON 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 (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 Seclion 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. 17238 (Fair-wind Subdivision). Public improvements constructed consist of curb, gutter, sidewalk, lighting. signing/striping and paving along Yorktown Avenue, the public domestic water and sewer system within the private streets and the off-site storm 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 City of Huntington Beach, California B�I-�-•---�� Depaty This document is solely for the official bushum of the City of Hundngton CITY OF H TINGTON BEACH as conWavWted under t -is .fimmd by: ity Engin er APPROVED AS TTQFORM By: 21161 >b f"i.7 MICHAEL E. GATES CITY ATTORNEY CITY OF HUNTINGTON 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 Calif M44zc— ) County of On _)0/l✓ before me, Date �� Here Insert Name and Title of the Officer y personally appeared i�'//�S / ZZ�e 6&-z- ),0,) C� i� Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(:s).)whose namC§)-is/ re i subscribed to the within instrument and acknowledged to me that-he/she Lh&executed the same in his/ heir' uthorized capacity(ies).„and that by his/her/their signature,(§Ion the instrument the persorit(s) or the entity upon behalf of which the persor�(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. P. L. ESPARZA WITNESS my han d official seal. Commission#2032750 z .'_ Notary Public -California i Z 'I ' orange County ' Signature My Comm. Expires Aug 4,2017+ Signature of 4,01'P"ubfic Place 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. 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 -Z:0Il4 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 onA OcgUST S 'LOI0 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: G " Mi elle Haase,Attorney-in-Fact Keith P. Frankel By Assistant S610-CM90 APPROVED As To FORM By. GA ,'7o/6 i l MICFWEL E. $ CITY ATTORNEY CITY OF Ml _._._ _ °iR'✓I. F� [N'-- .=P,I'ninl �,_.,:F• ]: 5;'al�m il..1d LY!u.r. ..rmt,. 'BJ;OIf,�I'i5i 2?Mr.;NGT0N-T&-_,iACMG_.?�i - ..uan:o I I I ALL- PURPOSE 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 j is attached, and not the truthfulness, accuracy, or validity of that document. I State of California } I I ! County of Orange } On 2 2016 before me, Brianne Davis, Notary Public (Here insen name ana titie oi ine o icer I personally appeared Michelle Haase who proved to me on the basis of satisfactory evidence to be the personw whose name0s) is/am subscribed to the within instrument and acknowledged to me that ke/she/RW executed the same in his/her/#heir authorized capacityoesX and that by j JdsWherftak signature* on the instrument the person*, or the entity upon behalf of which the personal 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 Commission No. 2017152 Z _- NOTARY PUBLIC-CALIFORNIA j f ORANGE COUNTY rq ,� My Comm.Expires APRIL 1,2�17 Notary Public Signature (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM j This form complies with current California stances regarding notary wording and, ' DESCRIPTION OF THE ATTACHED DOCUMENT if needed,should be completed and attached to tire doctuttent.Acknoltredgents from other states may be completed for docnnrents being sent to that state so long as the wording does not require the California notary to violate California notary law. (Title or description of attached document) • State and County information must be the State and County where the document signer(s)personally appeared before the notary public for acknowledgment. • Date of notarization trust be the date that the signer(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 oft'incorrect forms (i.e. 4e/shc/4teyL,-is/afe)or circling the correct forms.Failure to correctly indicate this ❑ Individual (s) information may lead to rejection of document recording. ❑ Corporate Officer • the notary seal impression must be clear and photographically reproducible. j P rY P� P !'mP )' P Impression roust not cover text or lines. If seal impression smudges,re-seal if a (Title) sufficient area permits.otherwise complete a different acknowledgment form. ❑ Partner(s) • Signature of the notary public must match the signature on 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). %01,5 ,'::1sier;". .r.N;larq_''lasses.:,;,r 5C0-c%'- r-=, • Securely attach this document to the signed document Nvith a staple. i 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 Cornmonwealth 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"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 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 7TH DAY OF FEBRUARY 2013. oo (Seal) Robert D.O'Leary Jr.,President&CEO Philadelphia Indemnity Insurance Company On this I Vi 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. MMMON'WEALTH Of PENNSYLVANIA Nooha Seal Krnbedy A.KM 4ski,Notary PutAr Cower MMon TWp.1 CL My My CanrNasra+Eapues Dec.18,2016 - MEMeE0.eEWSYVA ASSMAIMOMorMOTM15 Notary Public: residing at: Bala Cynwyd,PA (Notary Seal) My commission expires: December 18.2016 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, /'d c� RR f In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this day of I(It 1 2 20 1 bo Craig P.Keller,Executive Vice President,Chief Financial Officer&Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY 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 County of CU�", ) On � � \.{ I l,1 LA( (, before me, � � I � G �! ,�✓ (i sert name and title of the officer) personally a 'ice i 1 � �`\" t p Ily 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. BARBARAALEXANOER NOTARY PUBLIC-CAUFORNIA m - COMMISSION#2108501 WITNESS my hand and official seal. • ORAN My Comm.Ex ORANGE p.p.May ay 22,2010 X na u Si g t re /�/ (Seal) RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) after signing/dating (Date) e CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: City Treasurer FROM: City Clerk, DATE: 116 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. 7 Approved (Council Approval Date) CC No. Agenda Item No. Ali` MSC No. City Clerk Vault No. 6,0 Other No. SIRE System ID No. g:/forms/bond transmittal to treasurer City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ w v-",.huntingtonbeachca.gov s office of the City Clerk »,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. 17238 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 17238 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. P1303010401486, Labor and Material Bond No. PB03010401486 and Monument Bond No. PB03010401487 pursuant to the California Government Code Section No. 66499.7(a); and, C) Instructed the City Clerk to notify TRI Pointe Homes, Inc., the subdivider of Tract No. 17238, of this action and the City Treasurer to notify Philadelphia Indemnity Insurance Company, of these actions. Sincerely, 404OU Robin Estanislau City Clerk RE:pe Sister Cities:. Anjo, Japan e Waitakere, New Zealand