The URL can be used to link to this page

Home My WebLink AboutSCH Housing No.3 LLC - Guarantee & Warranty Bond No. SD00093 City of Huntington Beach • P O Box 711 CALIFORNIA 92648 TELEPHONE 714 536.5200 FAx 714 374.1603 roe M SHARI L. FREIDENRICH CITY TREASURER February 26, 2003 CERTIFIED MAIL Frontier Pacific Insurance Company - 101 West Broadway, Suite 700 San Diego, CA 92101 To Whom it May Concern: This is to inform you the City Council of the City of Huntington Beach, on June 3, 2002 approved the release of the following bond(s): �Tract# ] 4c enan>re-B nd No. SD00093467 We are releasing the bond and have enclosed them for your file. Also enclosed is a copy of the City Council Action approving the release of the above-referenced bond an the original acceptance of the bond. If you have any questions regarding this matter,please contact me at(714) 536-5200. Sincerely, Shari L. Freidenrich, CPA, CCMT, CFMA -, City Treasurer Enclosures ?J c - cc: SCH Housing No. 3 LLC — 1808 Aston Avenue, Suite 100 CO Carlsbad, CA 92008 Robert F. Beardsley, Director of Public Works (no attachments) Connie Brockway, City Clerk(no attachments) G:Uoyce\Released Bonds\Bond release TR14979 maintenance.doc � i o f• City of Huntington Beach • P O BOX 711 CALIFORNIA 92648 TELEPHONE 714 536.5200 FAX 714 374.1603 SHARI L. FREIDENRICH CITY TREASURER February 25, 2003 CERTIFIED MAIL Frontier Pacific Insurance Company 101 West Broadway, Suite 700 San Diego, CA 92101 To Whom it May Concern: This is to inform you the City Council of the City of Huntington Beach, on June 3, 2002 approved the release of the following bond(s): Tract# 14979 Maintenance Bond No. SD00093467 We are releasing the bond and have enclosed them for your file. Also enclosed is a copy of the City Council Action approving the release of the above-referenced bond. If you have any questions regarding this matter, please contact me at (714) 536-5200. Sincerely, Shari . reidenrich, CPA, CCMT, CFMA City Treasurer o 2= Enclosures cc: SCH Housing No. 3 LLC 1808 Aston Avenue, Suite 100 __ = Carlsbad, CA 92008 Robert F. Beardsley, Director of Public Works (no attachments) Connie Brockway, City Clerk(no attachments) G:Voyce\Released Bonds\Bond release TR14979 maintenance.doc Council/Agency Meeting Held: Q6-d3'02 Deferred/Continued to: Approved ❑ Conditionally Approved ❑ Denied j, City Cle s Signature Council Meeting Date: June 3, 2002 Department ID Number: PW 02-053 CITY OF HUNTINGTON BEACH REQUEST FOR ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS < SUBMITTED BY: RAY SILVER, City Administrator aW D REPARED BY. OBERT F. BEARDSLEY, Director of Public Works SUBJECT: �� pprove the Release of Guarantee & Warranty Bond for Tract;Ro. v 14979 Uta tement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Sufficient time has elapsed since the acceptance of improvements for Tract No. 14979, located at the northwest corner of Gothard Street and Ernest Avenue. The developer, SCH Housing No. 3 LLC, is requesting the Guarantee and Warranty Bond, the security furnished for guarantee and warranty of improvements be released. Funding Source: Not applicable. Recommended Action: Motion to: 1. Release Guarantee and Warranty Bond No. SD00093467, the security furnished for guarantee and warranty of improvements, 2. Instruct the City Clerk to notify the developer, SCH Housing No. 3 LLC, of this action, and the City Treasurer to notify the Surety Company, Alternative Action(s): Deny the recommended action. I -r * REQUEST FOR ACTION • MEETING DATE: June 3, 2002 DEPARTMENT ID NUMBER: PW 02-053 Analysis: On December 4, 2000, the City Council, accepted the improvements constructed and dedicated for public use within Tract No. 14979 and accepted Guarantee and Warranty Bond No. SD00093467, the security furnished for guarantee and warranty of improvements. California Government Code Section 66499.3(d) requires that security for the guarantee and warranty of the improvements be posted upon acceptance of the public improvements, and that the security remain in effect for a period of not less than one year. Public improvements constructed consisted of the domestic water system and appurtenances within both the private and public streets,.the storm drain system and appurtenances, curb, gutter, paving and sidewalk within Ernest Street. The required time has elapsed and the City Engineer has determined that the improvements ,have been constructed in substantial compliance with the approved plans and specifications, and recommends release of the security. Following is a list of project data: Developer: SCH Housing No. 3 LLC, 1808 Aston Avenue, Suite 100, Carlsbad, CA 92008 Engineer: Hunsaker&Associates, Three Hughes; Irvine, CA 92718 Title Co.: First American Title Co., 2 First American Way, Santa Ana, CA 92707 Location: Northwest corner of Gothard Street and Ernest Avenue Lots: 63 numbered lots and 8lettered lots Acreage: 11.394 Zone: Holly-Seacliff Specific Plan Environmental Status: This recommended action to release the security is a.ministerial act and is exempt from the requirements of the California Environmental Quality Act, pursuant to State CEQA Guidelines, California Administrative Code, Title 14, Chapter 3, Section 15268(b). Attachment(s): City Clerk's Page Number No. Description 1 Location Ma RCA Author: T. Elliott I 02-053 June 3 Elliott(Release G&W 14979) -2- 5/21/2002 7:38 AM • • CITY OF HUNTINGTON BEACH [oil 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK June 12, 2002 SCH Housing No. 3, LLC 1808 Aston Avenue, Suite 100 Carlsbad, CA 92008 Re: Release of the Guarantee and Warranty Bond for Tract No. 14979 Please be advised that on Monday, June 3, 2002 the City Council of the City of Huntington Beach took the following action: (City Council) Approved the Release of Guarantee and Warranty Bond (Security)for Tract No. 14979 n/w Corner of Gothard Street and Ernest Avenue—SCH Housing No. 3. LLC (420.60)—1. Released Guarantee and Warranty Bond No. SD00093467, the security furnished for guarantee and warranty of improvements; and 2. Instructed the City Clerk to notify the developer, SCH Housing No. 3 LLC, of this action, and the City Treasurer to notify the Surety Company. Sincerely, Connie Brockway, CMC City Clerk /jh g:/followup/tract/release bonds for tract-letter.doc (Telephone:714-536-5227) ATTACHMENT 1 • 5/21/2002 4:35:27 PM -- I - - ' Auto_park Dr. r Ellis Ave. s, Ashley x Baz1i Clr _ I +,. I i I C, I 4 I I I l I I N a - I �yerrr o I i -_ n^ - �II _ ,. I 9 Son94w,� ' Tark.Cr foxboro.Cir ry ., ,C A v,r , Dr. R Dr ` ICI-- 3 I (Forest Glen 7F ockrid m 1 y I s p 2 r'• -- ----- � Ernes[Ave. I"P rk Pat me — - — a° i 0. II i & ' +-.__..._.--- --- -"-------- I Prospect Dr. Jm _...___.. i_._. _.._ �•••• it__ __ __—__ J .- I —._. -__ : m I I I -- Upper Bay Dr. L, I I ,.•. I I I Garrield Ave. -- - --- - J I T I I R i I I I ^ AT I O N M LOCATION AP N TRACT NO. 14979 Of W � � E S City of Huntington Beach Scale: 1"= 391' 6 • RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Approve the Release of Guarantee &Warranty Bond for Tract 14979 COUNCIL MEETING DATE: June 3, 2002 RCA ATTACHMENTS STATUS Ordinance w/exhibits & legislative draft if applicable Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (w/exhibits if applicable). Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement Unbudget, over$5,000 Not Applicable Bonds If applicable) Not Applicable Staff Report If applicable) Not Applicable Commission, Board or Committee Report If applicable Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS; REVLEWED RETURNED FORWARDED:; Administrative Staff Assistant City Administrator Initial City Administrator Initial ce City Clerk EXPLANATION FOR RETURN OF ITEM - - (Below SpaceFor Only) RCA Author: T. Elliott oQ T f II.lD1T' pPN qd P CA„t4F SeaCountryHornes April 29, 2002 Ms. Connie Brockway City Clerk City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Re: SeaCountry Huntington Beach Tract No. 14979 Dear Ms. Brockway: Please consider this letter a formal request for release of bond number SD00093467, a maintenance.bond for the above-referenced project. [n consideration of this request, I enclose a copy of the City Clerk's Release of Securities & Acceptance of Public Improvements dated January 8, 2001. Please either send the original bond to the maker, Frontier Pacific or forward it to me as follows: SeaCountry Homes 1808 Aston Avenue, Suite 100 Carlsbad, CA 92008 Thank you very much for your assistance in this matter. Please call me at(760) 804-8400, extension 201 if you have any questions or need more information. Sincerely, Mary E. Fitz atrick _ Executive Assistant Enclosures 1808 Aston Avenue • Suite 100 Carlsbad.California 92008 Telephone: (760) 804-8400 • Fax: (760) 804-8410 • Webs ite: www.seacountryhomes.com r , CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK January 8, 2001 - SCH-Housing-No-. 3-LLC- - - SeaCountry Homes, Inc. 3 Corporate Plaza, Suite 100 Newport Beach, CA 92660 Re: Tract No. 14979— Release of Securities &Acceptance of Public Improvements Please be advised that on Monday, December 4, 2000 the City Council of the City of Huntington Beach took the following action: (City Council) Approved the Release of Securities for Tract No. 14979 and Accept the Public Improvements and Authorize Recordation of Notice of Completion - SCH Housing No. 3 LLC, Northwest comer of Gothard Street and Ernest Avenue - Holly Seacliff Specific Plan (420.60) - 1. Accepted the improvements constructed and dedicated for public use with Tract No. 14979; and 2. Released Faithful Performance/Labor and Material Bond No. 3SM 909 080 00 and Monument Bond No. 3SM 909 08100 pursuant to California Government Code Section No. 66499.7(b); and, 3. Accepted Maintenance Bond No. SD00093467 (Frontier Pacific Insurance Company) the security furnished for guarantee and warranty of improvements, and instruct the City Clerk to file the bond with the City Treasurer; and, 4. Instructed the City Clerk to notify the - developer, SCH Housing No. 3 LLC, of this action, and the City Treasurer to notify the Surety, American Motorists Insurance Company, of this action; and, 5. Instructed the City Clerk to record the "Notice of Acceptance of Public Improvements" with the Orange County Recorder. Sincerely, Connie Brockway, CIVIC City Clerk CB:jh g:/fol lowupRract/acceptpublicimp-notice.doc ____ (Telephone:714-536.6227) 1-0 Pm AIR �':, n 4f SeaGutmtry Homes Ms. Connie Brockway City Clerk City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 9.2 b 4�4 2T 6 3 2� ��r�rrrr�i�s.�{rrr�ec�{.rr�rrr�ri�a r�r��rrrr��r�r�rr�r�rrf�r+r� - SeaCountry Homes 1808 Aston Avenue, Suite 100 Carlsbad, CA 92008 r • '^� • h , Citv of Huntin ton Beach P D Box 711 CALIFORNIA 92648 1 # ►N' TELEPHONE 714 536.5200 FAx 714 374.1603 SHARI L.FREIDENRICH CITY TREASURER September 13, 2001 CERTIFIED MAIL American Motorists Insurance Company 7470 N. Figueroa St. Los Angeles, CA 90041 To Whom it May Concern: This is to inform you the City Council of the City of Huntington Beach, on December 4, 2000 approved the release of the following bond(s): Tract# 14979 Faithful Performance and Labor&Material Bond No. 3 SM 909 080 00 Monument Bond No. 3SM 909 08100 We are releasing the bonds and have enclosed a photocopy.of them for your file. We apologize for the delay in transmitting these to you. Also enclosed, is a copy of the City Council Action approving the release of the above-referenced bonds. If you have any questions regarding this matter, please contact me at(714) 536-5200. Sincerely, Shari L. Freidenrich, CPA, CCMT City Treasurer Enclosures cc: SCH Housing No. 3 LLC 7 Upper Newport Plaza Irvine, CA 92718 Bob Beardsley, Director of Public Works(no attachments) Connie Brockway, City Clerk(no attachments) G:Uoyce1SHARI\LETTERS\Bond release TR14979.13OC RECEIVED BY:,.. • i CITY CLERK RECEIPT COPY • Return DUPLICATE to Jeffrey Hughes(ext.5260) (Name)— after signing/dating o (Date) >x4 CITY OF HUNTINGTON BEACH - INTERDEPARTMENTAL COMMUNICATION I TO: Shari Freidenrich; City Treasurer ATTN' Jim SI bojan, Deputy City Treasurer FROM: . DATE: SUBJECT: Bond Acceptance I have received the bonds for_ 7 ►5)c'b 3, (Company Name) Faithful.Performance Bond No. Labor and Material.Bond No: Monument Bond No. Maintenance Bond No. I Re: Tract No. CC No. MSC No: .Approved 2' r Agenda Item No. F (Council Approval Date) ' City Clerk Vault No.. "I f- w i T g:/jah/bondletter.doc t Recording requested by, and when recorded return to: Recorded in Official Records, County of Orange Connie Brockway,City Clerk Gary Granville, Clerk-Recorder Office of the City Clerk CITY OF HUNTINGTON BEACH IIIIIIIIIIIIIIIIIIIIIIIIII�IIIIIIIIIIIIIIIIIIIIIIIIIIIIINO FEE P.O.Box 190—2000 Main Street 20010010822 04:10m 01105/01 Huntington Beach,Ca.92648. 116 15 A04 1 P 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 I (Space above this line for Recorder's use only) I ACCEPTANCE OF PUBLIC IMPROVEMENTS (Huntington Beach Zoning and Subdivision Ordinance Section 255.22) PLEASE TAKE NOTICE THAT on October 24, 2000, the City Engineer considered the subdivision improvements described below, and found them to have been completed satisfactory and accepted, as limited by Huntington Beach Zoning and .Subdivision Ordinance Section 255.22(A), the improvements for public use. Further, the public improvements for the subdivision(s) have been dedicated to the City of Huntington Beach, as described on Final Map No. 14979. Public improvements constructed consist of the domestic water system and appurtenances within both the private and public streets,the storm drain system and appurtenance, curb & gutter, paving and sidewalk within Ernest Street. The Foregoing instrument is the City Clerk's Original Document Reflecting City Council Action Taken at 12-04-2000 City Council Meeting Submitted for Recordation by the Orange County Recorder. Attest keroa^gizgt 1,3 20 oD P KW City Clerk and Ex-officio Cle`ri D,uncil Of the City of Huntington Beach, California By Deputy CITY OF HUNTINGTON BEACH I-ax-Exam;t-Gove;-nr,ient Agency , CITY OF H INGTON BEACH ✓ by: City Engineer J � 14-by. City Attorney This didtUment is solely for the official business of the City of Huntington Beach, as contem- plated under Government Code Sec- 6103 and should be recorded free of charge. 1 � IPTY OF HUNTINGTON BEACO 1 CR.S Y� / 1MEETING DATE: December 4, 2000 DEPARTMENT ID NUM :P Council/Agency Meeting Held: Deferred/Continued to: Approved ❑ Conditionally Approved ❑ Denied be Cit C 's Signature Council Meeting Date: December 4, 2000 Department ID Number: PW-00-113 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, City Administrator W REPARED BY: ROBERT F. BEARDSLEY, Director of Public Works _ SUBJECT: APPROVE THE RELEASE OF SECURITIES FOR TRACT N-O. 14979_;' AND ACCEPT THE PUBLIC IMPROVEMENTS -r Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachments) Statement of Issue: SCH Housing No. 3 LLC, the developer of Tract No. 14979, located at the northwest corner of Gothard Street and Ernest Avenue, has completed all required public improvements and is requesting a release of securities pursuant to the provisions of the Subdivision Map Act. Funding Source: Not Applicable. Recommended Action: Motion to: 1. Accept the improvements constructed and dedicated for public use with Tract No. 14979; and, 2. Release Faithful Performance/Labor and Material Bond No. 3SM 909 080 00 and Monument Bond No. 3SM 909 081 00 pursuant to California Government Code Section No. 66499.7(b); and, 3. Accept Maintenance Bond No. SD00093467, the security furnished for guarantee and warranty of improvements, and instruct the City Clerk to file the bond with the City Treasurer; and, 4 Instruct the City Clerk to notify the developer, SCH Housing No. 3 LLC, of this action, and the City Treasurer to notify the Surety, American Motorists Insurance Company, of this action; and, TR 14979 bond release.doc -2- 11/08/00 11:05 AM 86ESTFOR COUNCIL ACTH MEETING DATE: December 4, 2000. DEPARTMENT ID NUMBER:PW-00-113 Instruct the City Clerk to record the "Notice of Acceptance of Public Improvements" 3, (attached) with the Orange County Recorder. Alternative Action(s): Deny the recommended action. Analysis: On December 16, 1996, the City Council approved Final Map No. 14979 and accepted Bonds from PLC Land Company, the securities furnished for Faithful Performance/Labor & Material and Monuments. Subsequent to this, SCH Housing No. 3 LLC purchased Tract No. 14979 from PLC Land Company. On February 2, 1998, the City Council approved the exoneration of the original Bonds posted by PLC Land Company and approved the substitution of bonds by SCH Housing No. 3 LLC The developer, SCH Housing No. 3 LLC, has completed all required public improvements, and is requesting acceptance of the work and release of the faithful performance, labor and material and monument bonds, pursuant to Calif. Government Code Section 66499.79(a). Public improvements constructed consist of the domestic water system and appurtenances within both the private and public streets, the storm drain system and appurtenance, curb & gutter, paving and sidewalk within Ernest Street. The City Engineer has determined that the improvements have been constructed in substantial compliance with the approved plans and specifications, and recommends acceptance of the improvements. Calif. Government Code Section No. 66499.3(d) requires that security for the guarantee and warranty of the improvements be posted upon acceptance of the public improvements. The developer has provided Maintenance Bond No. SD00093467 as security. Following is a list of project data: Developer: SCH Housing No. 3 LLC, , Newport Beach, CA. 92660 Engineer: Hunsaker &Assoc., Three Hughes, Irvine, CA. 92718 Title Co.: First American Title Co., 114 E. 5tn Street, Santa Ana, CA. 92702 Location: Northwest corner of Gothard Street and Ernest Avenue Lots: 63 numbered lots and 8 lettered lots Acreage: 11.394 Zone: Holly-Seacliff Specific Plan Environmental Status: This recommended action is a ministerial act, and is exempt from the requirements of the California Environmental Quality Act, pursuant to State. CEQA Guidelines, Cal. Admin. Code, Title 14, Chapter 3, Section 15268(b), TR 14979 bond release.doc -3- 11/08/00 11:11 AM R%UEST FOR COUNCIL ACT& MEETING DATE: December 4, 2000 DEPARTMENT ID NUMBER:PW-00-113 Attachment(s): City Clerk's Page Number No. Description 1 Location Map 2 Maintenance Bond No. SD00093467 3 "Notice of Acceptance of Public Improvements" RCA Author: Bruce Crosby TR 14979 bond release.doc -4- 11/08/00 11:05 AM ATTACHMENT 1 ELLIS AVENUE ELLIS AVENUE ....... ... I LOT V tot �, C`1.�J I 23 76 77 78 20 30 31 ]7 U 31 /0 —� I 11 17 10 to lOr f 73 LOT O 17 i • 1a 77 Lot C._. 6 7 1] 20 IIf LOT L ° to V.71 l0r K S ,S p 71 ' to / O• LOT N]7 17 / • ]a O 14 IS ,a LOT J ` ' 7 / ao Lot r t 13 ]S se \•• 7s•1 N • 17 a7 y.! S7 LOT N 4] o ! 11 77 I� LOT L 37 % Sa >o TRACT 14978 S1 , 7e I LOT K 96 \' 79 /9 SO / 97 60 LOT 1 LOT[ .. 49 ; 96 \\ al .•.p7 %i as 95 67 1. •... LOT J 63 . _ 64 x 1 / x -. ae / 97 O 1 a tat;y ] >9 82 ba ; y ] O 7 a7 s3 • � N U ] 7 1` as 9 ; e7 p 7 7S as 7 ]a el / • ]e •0 al 47 U 44 as 71 / e 34 •y �T� 7 v 66 \\S9 ; • / • a7 / - 1 `W 7• n al / f6 �s7 to ; ez 75 v ]a u 37 ]I ]a t9§ J at 7a ,] 7a SO as ,7 I so 77 SI -- 1 13 7e O 78 v 79 tS 77 57 fa . 77 R Ei+l�� 16 i 17 ,• 73 c 1 X24 27 71 70 tf 7] 1,, 71 111 p 19 17 24 7] 1a ; rawetaar . ---—— PLC LAND COWMlY v CORPORATE PLAZA,SUITE 750 NEW PORT BFA04 CA 92660 JILLP110NE 714-771A7A h01�.J•B�d+�v•s. / FAX 71a•779-r77a 4 uuw.v oi.pa a� ATTACHMENT 2 • i CITY OF HUNTINGTON BELCH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK January 8, 2001 SCH Housing No. 3 LLC SeaCountry Homes, Inc. 3 Corporate Plaza, Suite 100 Newport Beach, CA 92660 Re: Tract No. 14979— Release of Securities &Acceptance of Public Improvements Please be advised that on Monday, December 4, 2000 the City Council of the City of Huntington Beach took the following action: (City Council) Approved the Release of Securities for Tract No. 14979 and Accept the Public Improvements and Authorize Recordation of Notice of Completion - SCH Housing No. 3 LLC, Northwest corner of Gothard Street and Ernest Avenue - Holly Seacliff Specific Plan (420.60) - 1. Accepted the improvements constructed and dedicated for public use with Tract No. 14979; and 2. Released Faithful Performance/Labor and Material Bond No. 3SM 909 080 00 and Monument Bond No. 3SM 909 08100 pursuant to California Government Code Section No. 66499.7(b); and, 3. Accepted Maintenance Bond No. SD00093467 (Frontier Pacific Insurance Company) the security furnished for guarantee and warranty of improvements, and instruct the City Clerk to file the bond with the City Treasurer; and, 4. Instructed the City Clerk to notify the developer, SCH Housing No. 3 LLC, of this action, and the City Treasurer to notify the Surety, American Motorists Insurance Company, of this action; and, 5. Instructed the City Clerk to record the "Notice of Acceptance of Public Improvements" with the Orange County Recorder. Sincerely, Connie Brockway, CIVIC City Clerk CB:jh g:/fol lowup/tract/acceptpublicimp-notice.doc (Telephone:714-536.5227) CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK December 15, 2000 SCH Housing No. 3 LLC CIa L* ��6c V,7Re: Tract No. 14979— Release of Improvements Please be advised that on Monday, December 4, 2000,the City Council of the City of Huntington Beach took the following action: (City Council) Approved the Release of Securities for Tract No. 14979 and Accept the Public Improvements and Authorize Recordation of Notice of Completion - SCH Housing No. 3 LLC, Northwest corner of Gothard Street and Ernest Avenue - Holly Seacliff Specific Plan (420.60) - 1. Accepted the improvements constructed and dedicated for public use with Tract No. 14979; and 2. Released Faithful Performance/Labor and Material Bond No. 3SM 909 080 00 and Monument Bond No. 3SM 909 08100 pursuant to California Government Code Section No. 66499.7(b); and, 3. Accepted Maintenance Bond No. SD00093467 (Frontier Pacific Insurance Company) the security furnished for guarantee and warranty of improvements, and instruct the City Clerk to file the bond with the City Treasurer; and, 4. Instructed the City Clerk to notify the developer, SCH Housing No. 3 LLC, of this action, and the City Treasurer to notify the Surety, American Motorists Insurance Company, of this action; and, 5. Instructed the City Clerk to record the "Notice of Acceptance of Public Improvements" with the Orange County Recorder. Sincerely, Connie Brockway, CMC City Clerk CB:jh g:/fol lowup/tract/acceptpublicimp-notice.doc (Telephone:714536-5227) MAINTENANCE BOND BOND NO.: SD00093467 PREMIUM: $ 288.00 INCLUDED IN PEFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT we SCH HOUSING NO. 3, LLC as Principal, and FRONTIER PACIFIC INSURANCE COMPANA corporation organized and doing business and under and by virtue of the laws of the State of California and duly licensed to conduct surety business in the State of California,as Surety,are held and firmly bound unto CITY OF HUNTINGTON BEACH as Obligee,in the sum of TWENTY EIGHT THOUSAND EIGHT HUNDRED TWENTY TWO ($ 28,822.00 ) . Dollars,for which payment,well and truly to be made,we bind ourselves,our heirs,executors and successors,jointly and severally firmly by these presents. THE CONDITION OF THE OBLIGATION IS SUCH THAT: . WHEREAS,the above named Principal entered into an agreement or agreements with said Obligee to: TRACT NO. 14979 WHEREAS,said agreement provided that Principal shall guarantee replacement and repair of improvements as described therein for a period of one year following final acceptance of said improvements: NOW,THEREFORE, if the above Principal shall indemnify the Obligee for all loss that Obligee may sustain by reason of any defective materials or workmanship which become apparent during the period of one year from and after acceptance of the said improvements by Obligee,then this obligation shall be void,otherwise to remain in full force and effect. IN WITNESS WHEREOF,the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said Surety is hereto affixed and attested by its duly authorized Attorney-in-Fact. this 16TH day of MAY IR2000 SCH HOUSING N0. 3, LLC a Delaware limited PNC. PACIFIC INSURANCE COMPANY liability company Psnriryi By: SeaCountry Homes, Inc a California co ration BY: Anomey-in-Fact J By: ' Bruce W. Gladish, Executive VP ��_;_ _D C CALIFORNIA ALL-PURPOIACKNOWLEDGMENT • No.5907 State of CALIFORNL4 County of FRESNO On MAY 16, 2000 before me,DONNA M. SMITH,A NOTARYPUBLIC(Name,Title of Officer,eg.,"Jane Doe, Notary Public") personally appeared JOHN C. DAY(Name(s)of Signer(s) ®personally known to me - OR- proved to me on the basis ,of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) .• DONNA M.SMITH °£ COMM.11134538 acted, executed the instrument. q p NOTARY PUBLIC-CALIFORNIA a)m 'R PRINCIPAL OFFICE IN M FRESNOCOUNTY WITNESS my h d and official seal. `4n5 . My CommissW Eq ApN 19,2001 SIGNATURE OF NOTARY OPTIONAL *;� Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) PARTNER(S) LIMITED NUMBER OF PAGES ❑ GENERAL ®ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR DATE OF DOCUMENT OTHER: _ SIGNER IS REPRESENTING: SIGNER(S)OTHER THAN NAMED ABOVE NAME OF PERSON(S)OR ENTITY(IES) BCAPA.DOT 01993 NATIONAL NOTARY ASSOCIATION•8236 RemmetAve..P.O.Box 7184•Canoga Park,CA 91309-7184 =RONT/ER _ = INSURANCE COMPANY (a California Company) 101 West Broadway,Suite 700,San Dlego,California 92101 POWER OF ATTORNEY .Anow o ff Men I3y Vfjese 'Presents:That FRONTIER PACIFIC INSURANCE COMPANY,a California Corporation,having its principal office In San Diego,California,pursuant to the following resolution,adopted by the Board of Directors of the Corporation on the 15th day of November,1991. "RESOLVED,that the Chairman of the Board,the President,or any Vice President be,and hereby is,authorized to appoint Attomeys-in- Fact to represent and act for and on behalf of the Company to execute bonds,undertakings,recognizances and other contracts of indemnity and writings obligatory in the nature thereof, and to attach thereto the corporate seal of the Company, in the transaction of its surety business; "RESOLVED,that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed with respect to any bond,undertaking,recognizance or other contract of indemnity or writing obligatory in the nature thereof; "RESOLVED,that any such Attomey-in-Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert in such certification the date thereof,said date to be not later than the date of delivery thereof by such Attorney-in-Fact' This Power of Attorney is signed and sealed In facsimile under and by the authority of the above Resolution. DOES HEREBY MAKE,CONSTITUTE AND APPOINT: WAYNE LAMB JOHN C. DAY CYNTHIA SAUCEDA of Fresno California in the State of its true and lawful Attorneys)-in-Fact with full power and authority hereby conferred in its name,place and stead to sign,execute,acknowledge and deliver in its behalf,and as its act and deed,without power of redelegation,as follows: Bonds guaranteeing the fidelity of persons holding places of public or private trust,guaranteeing the performance of contracts other than insurance policies;and executing or guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by law allowed; IN AN AMOUNT NOT TO EXCEED THREE MILLION FIVE HUNDRED THOUSAND($3,500,000.00) DOLLARS; and to bind FRONTIER PACIFIC INSURANCE COMPANY thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of FRONTIER PACIFIC INSURANCE COMPANY,and all the acts of said Atto mey(s)-in-Fact pursuant to the authority herein given are hereby ratified and confirmed. an Witness 01jereof FRONTIER PACIFIC INSURANCE COMPANY of San Diego,California,has caused this Power of Attorney to be signed by its Vice President and Its Corporate seal to be affixed this 10th day of. August 1995 FRONTIER PACIFIC INSURANCE COMPANY I` OPPOq.�ins I�•"•,��/ •'/•//%C'— F DULY 75 0 2 rn DAVID E.CAMPBELL,Vice President STATE OF CALIFORNIA) "" COUNTY OF SAN DIEGO) On August 10 1998 before me,N.Ortiz,personally appeared David E.Campbell,personally known io me or proved to me on the basis of satis ctory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument. Witness my hand and official seal N.OR TIZ Commission# 1192302 Notary Public-Califomia �� 1 San Diego County MY Carom.Bores Aug 6,2002 Signature of Notary Corporation Acknowledgement I,the undersigned,Joseph P.Loughlin,Secretary of FRONTIER PACIFIC INSURANCE COMPANY,do hereby certify that the original POWER OF ATTORNEY,of which the foregoing is a full,true and correct copy,is in full force and effect. IN WITNESS WHEREOF, I have hereunto subscribed my name as Joseph P. Loughlin, Secretary, and affixed the Corporate Seal of the Corporation this 16TH day of MAyiu .2000 Q� n Q~.' "04 CFI =0 1� ape - ,m:so Joseph P.Loughlin,Secretary 2 r9 a: FM 19.5002A-FP(1/2000) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT r- = - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -State of California ss. County of I On 5��d-�O� , before me, ` L Date - le Name and Title ificer(a.g.,"Jane Doe.Notary Public") personally appeared U IC i Name(s)of Signer(s) rsonally known to me oved to me on the basis of satisfactory I �eviience gPAgERLY PIERCE to be the personLW whose name(ej' is/tee— [,GO 0 Comm�lo^#1216231 subscribed to the within instrument and t�otW Pubs °farnla acknowledged to me that he/41;e,44e�,executed My Comm 6cpir% 17,2M3 the same in hiss authorized capacity4iesT, and that by hisAiefMHe� signatureW on the instrument the personpo, or the entity upon behalf of which the personW acted, executed t instrument. WITN SS m ha and offi ial seal. Place Notary Seal Above Sign a of Notary Public OPTIONAL rh' Though the information below is not required by law, it may prove valuable to persons relying on the document r' and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: - � T Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: - IM Individual Top of thumb here ?, Corporate Officer—Title(s): T El Partner—❑ Limited ❑ General Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: 0 1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•—.nationalnotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6927 ATTACHMENT 3 CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK December 15, 2000 Gary L. Granville County Clerk-Recorder P.O. Box 238 Santa Ana CA 92702 Enclosed please find "Acceptance of Public Improvements" for Tract 14979 to be recorded and returned to the City of Huntington Beach, Office of the City Clerk, 2000 Main Street, Huntington. Beach, CA 92648. Please return a conformed copy of the acceptance when recorded to this office in the enclosed self-addressed stamped envelope. Connie Brockway, CMC City Clerk Enclosures Tract No. 14979—SCH Housing No. 3 LLC—n/w corner of Gothard Street&Ernest Avenue g:/followup/tract/acceptpublicimp.doc (Telephone:714536-5227) Recording requested by, and when recorded return to: Connie Brockway,City Clerk Office of the City Clerk CITY OF HUNTINGTON BEACH P.O.Box 190—2000 Main Street -Huntington Beach,Ca.92648 (Space above this line for Recorder's use only) ACCEPTANCE OF PUBLIC IMPROVEMENTS (Huntington Beach Zoning and Subdivision Ordinance Section 255.22) PLEASE TAKE NOTICE THAT on October 24, 2000, the City Engineer considered the subdivision improvements described below, and found them to have been completed satisfactory and accepted, as limited by Huntington Beach'Zoning and Subdivision Ordinance Section 255.22(A), the improvements for public use. Further,the public improvements for the subdivision(s)have been dedicated to the City of Huntington Beach, as described on Final Map No. 14979. Public improvements constructed consist of the domestic water system and appurtenances within both the private and public streets, the storm drain system and appurtenance, curb & gutter, paving and sidewalk within Ernest Street. The Foregoing instrument is the City Clerk's Original Document Reflecting City Council Action Taken at 12-04-2000 City Council Meeting Submitted for Recordation by the Orange County Recorder. Attest lk-od^G�t 19 t 20 oD City Clerk and Ex-officio Clerk o uncil Of the City of Huntington Beach, California By Deputy CITY OF HUNTINGTON BEACH Agency CIT-(*1 iI BEACH by: City Engineer P*-by: City Attorney T This dbffiLment is solely for the official b=`ness of the City cr HunI `;ion Beach, as contem- p.a:s:?.uncle:Glo;;ernm€nt Code Sec. 6103 and should be recorded free o;charge. t • RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Approve the Release of Securities for Tract No. 14979 and Accept the Public Improvements COUNCIL MEETING DATE: December_4_;_2000 RCA ATTACHMENTS .STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable ,All Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorne ) - Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Attached Staff Report If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Find in s/Conditions for Approval and/or Denial Not Applicable . EXPLANATION FOR MISSING:ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff Assistant City Administrator Initial City Administrator Initial City Clerk EXPLANATION"FORETUNF IEMO SpaceOnly) RCA Author: Bruce Crosby eF d _ -71 Office he City/ Clerk tv --=- �,�-. �� 18,00 CITY of HUNTINGTON.BEACH21 P.O. Box 190 California 92648 �- �� - a� a _ C A H IAETER 422281 � F SCH Housing No. 3, LTA Upper Newport Plaza Newport Beach, CA 92660 -- . --- :-- dor R 1 U i I TO S T fl _- FWDG Gk()I_f< zy;fi°_G �•_^ _ -- _ Ili III ill I ii i li CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK December 15, 2000 + SCH Housing No. 3 LLC 7 Upper Newport Plaza Newport Beach, CA 92660 Re: Tract No. 14979— Release of Securities &Acceptance of Public Improvements Please be advised that on Monday, December 4, 2000 the City Council of the City of Huntington Beach took the following action: (City Council) Approved the Release of Securities for Tract No. 14979 and Accept the Public Improvements and Authorize Recordation of Notice of Completion - SCH Housing No. 3 LLC, Northwest corner of Gothard Street and Ernest Avenue - Holly Seacliff Specific Plan (420.60) - 1. Accepted the improvements constructed and dedicated for public use with Tract No. 14979; and 2. Released Faithful Performance/Labor and Material Bond No. 3SM 909 080 00 and Monument Bond No. 3SM 909 081 00 pursuant to California Government Code Section No. 66499.7(b); and, 3. Accepted Maintenance Bond No. SDO0093467 (Frontier Pacific Insurance Company) the security furnished for guarantee and warranty of improvements, and instruct the City Clerk to file the bond with the City Treasurer; and, 4. Instructed the City Clerk to notify the developer, SCH Housing No. 3 LLC, of this action, and the City Treasurer to notify the Surety, American Motorists Insurance Company, of this action; and, 5. Instructed the City Clerk to record the "Notice of Acceptance of Public Improvements" with the Orange County Recorder. Sincerely, d�1�l.G Connie Brockway, CIVIC City Clerk CB:jh g:/followup/tract/acceptpub lici m p-n otice.doc (Telephone:714-536-5227) `P City of Huntington Beach `T` 1 P O Box 711 CALIFORNIA 92648 O*N) .. TELEPHONE 714 536.5200 FAx 714 374.1603 SHARI L. FREIDENRICH CITY TREASURER VIA CERTIFIED U.S. MAIL June 25, 1998 Lou Jones & Associates P O Box 41375 Los Angeles, CA 90041 Re: Tract No. 14979; PLC - - Gentlemen: This is to inform you that the City Council of the City of Huntington Beach, on February 2, 1998, approved to release the following bonds: Tract No. 14979 Faithful Performance Bond, Bond No. 3SM 890 122 00 Labor and Material Bond, Bond No. 3SM 890 122 00 Monument Bond, Bond No. 3SM 889 880 00 We are releasing the bonds and have enclosed copies of them for your files. Also enclosed is a copy of the City Council Action approving release of these bonds. Please note there is a typographical error in the Monument Bond No. as it appears on page one of the Request for Council Action dated February 2, 1998. We are enclosing a copy of a memo from the City Attorney verifying that the typographical error does not impact the release of the bonds and we are therefore notifying you accordingly. If you have any questions, please call me at 714 536-5200. Sincerely yours, Shari L. reidenrich Enclosures xc: Bill Holman, PLC Land Co., 23 Corporate Plaza, Suite 250, Newport Beach, CA 92660 (no attachments) Daryl Smith, Acting Director of Public Works (no attachments) '-Connie-Brockway, City Clerk (no attachments) Pat Lovelace, Sr. Deputy City Treasurer(no attachments) i • . HB CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION TO: CONNIE BROCKWAY, City Clerk FROM: GAIL HUTTON, City Attorney DATE: May 19, 1998 SUBJECT: Tract Nos. 13478, 13722, and 14979 I have reviewed your two memoranda dated May 15, 1998 regarding the above referenced Tract Maps. I concur on both issues as to typographical errors and agree that the bonds should be released. GAIL HUTTON, City Attorney /k s X .Z f4-fi4J .t t v jmp/leorres/11 OFFICE OF THE CITY CLERK CITY OF HUNTINGTON BEACH., INTER-DEPARTMENT COMMUNICATIONS TO: Jennifer McGrath, Deputy City Attorney —' FROM: Janelle Case, Deputy City Clerk / r �- SUBJECT. Chronology of The Release Of Bonds For Tract No. 14979 -` DATE: May 15, 1998 December 16, 1996 The City Council Approved: Final Tract Map Nos. 14659, 14978, 14979 and 14980 and accepted the offer of dedication and improvements and bonds pursuant to findings and requirements From PLC along with subdivision agreements for the above referenced tracts. (Copy of RCA attached) The bonds accepted for Tract No. 14979 and that were received in the Treasurer's Office were Monument Bond No. 3SM88988000, Faithful Performance and Labor and Material Bond No. 3SM89012200. (Copies of bonds attached) February 2, 1998 The City Council Approved: Approving the substitution of Bonds and Subdivis' ement - Tract No. 14979 and to release the Bond Nos. 3SM89012200 an 3SM88998800. It appears that the author of the dated February 2, 1998 incorrectly input the wrong bond number on the latter bond Copies of bonds attached). The City Clerk's Office would like your concurrence (as it appears that this is simply a typographical error) so that these bonds may be released and not have to return to City Council for approval. If you require any further information, please do not hesitate to give me a call. Thank you for your help. ��: ?RcCLSuYee � oiG�� g:follow-up:tract/bondcorr.doc.jc Council/Agency Meeting Held:��L�� Deferred/Continued to: ia'Approved ❑ C nditionally AO roved ❑ Denied City Clerk's Si tune Council Meeting Date: December 16, 1996 Department ID Number: CD 96-53 .CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrate PREPARED BY: MELANIE S. FALLON, Community Development Director—A-,&��Z� , SUBJECT: FINAL TRACT MAP NOS. 14659 and 14978-80, PORTIONS OF TENTATIVE TRACT MAP NO. 14659, WITH BONDS AND AGREEMENTS (SHERWOOD) Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachments) Statement of Issue: Four final maps for 234 single family residential units of Tentative Tract 14659 (Sherwood, a 234 single family residential unit subdivision) submitted by PLC, a General Partnership. The property is located south of Ellis Avenue between Gothard and Goldenwest Streets (Attachment No. 2), are being submitted to the City Council for approval. Funding Source: Not applicable. Recommended Action: Motion to: 1. "Approve Final Tract Map Nos. 14659, 14978, 14979 and 14980 and accept the offer of dedication and improvements and bonds pursuant to findings and requirements (Attachment No. 1); and 2. Approve Subdivision Agreement between the City and PLC (Attachment No. 5) a� ^ authorize execution by the Mayor and City Clerk." Alternative Action(s): The City Council may make the following motion: A. "Deny Final Tract Map No. 14659, 14978, 14979 and 14980 and not accept the offer o dedication, improvements, and bonds." I REQUEST FOR COUNCIL ACTION MEETING DATE: December 16, 1996 DEPARTMENT ID NUMBER: CD 96-53 Analysis: A. PROJECT PROPOSAL: SUBDIVIDER: PLC 23 Corporate Plaza, Ste. 250 Newport Beach, CA 92660-7912 ENGINEER: Hunsaker & Associates Three Hughes Irvine, CA 92718 LOCATION: South of Ellis Avenue between Gothard and Goldenwest Streets ZONE: Holly Seacliff Specific Plan (Residential-Low Density-7 Units per Acre) GENERAL PLAN: Low Density Residential MAP SPECIFICS: No. of Lots Final Map No. No. of Acres Numbered Lettered No. of Units 14659 11.774 44 10 44 14978 24.022 29 15 29 14979 11.394 63 8 63 14980 14.647 98 14 98 Total 61.837 234 47 234 DISCUSSION: On August 24, 1993, the Planning Commission approved Tentative Tract Map No. 14659 for construction of a 244 detached single family unit project. A revision to the tentative tract map was approved by the Planning Commission on August 27, 1996, reducing the number of units by 10 for a total of 234 units (Attachment Nos. 3 and 4). The project is a small lot subdivision that conforms to the development standards of the Holly Seacliff Specific Plan. It includes a neighborhood park and a restored wetlands area; the tract and both open space areas will have public access. Final Tract Map Nos. 14659 and 14978-80 represent all of the proposed units in the project. The subdivider has satisfied the Park and Recreation requirement through use of land dedication credits of 4.01 acres within the Bolsa Chica Linear Park. An affordable housing plan for the Holly Seacliff Specific Plan area stipulates that the project contribute to the CD96-53A.DOC .2. 12/05/96 11:52 AM REQUEST FOR COUNCIL ACTION MEETING DATE: December 16, 1996 DEPARTMENT ID NUMBER: CD 96-53 requirement that affordable housing units, equivalent to 15 percent of the total units, be provided in the Holly Seacliff Specific Plan area. The requirement for Tentative Tract Map. No. 14659 is 35 affordable units. Per the affordable housing plan, these units must be provided after certificate of occupancies have been approved for 500 market rate units throughout the Specific Plan area. The final maps have been examined and certified by the City Engineer and the Secretary to the Planning Commission as being in conformance with the conditions of approval for the tentative map as filed with, amended and approved by the Planning Commission. Environmental Status: This action to accept Final Tract Map Nos. 14659 and 14978-80 is exempt from the requirements of the California Environmental Quality Act, Section 15628(b). On January 9, 1990, the City Council approved Environmental Impact Report No. 89-1 for the project itself. Attachment(sl: NumberCity Clerk's Page ....... _.._. .._ .._.. _. _ _._ ..._............................ .............. ....... 1. Findings and Requirements for Acceptance of Final Map 2. Area Map 3. Tentative Tract Map No. 14659 with site plan 4. Tentative Tract Map No. 14659 Findings and Conditions of Approval 5. Subdivision Agreements for each Final Map 6. Monument Bond for each Final Map c « 7. Faithful Performance Bond and Labor and Material Bond for each Final Map— i CD96-53A.DOC -3- 12/05/96 11:52 AM LITY OF HUNTINGTON BEAC f MEETING DATE: February 2, 1998 DEPARTMENT ID NUMBER:PW 98-013 dq&gA ,r �'•�..�t.. Council/Agency Meeting Held: .2 Deferred/Continued to: ®"Approved ❑ Conditionally Ap roved ElDenied City Cler Signature —O Council Meeting Date: February 2, 1998 Department ID Number: PW 98-013 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION a a C SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS o!:'-~rrnn SUBMITTED BY: Ray Silver, Acting City Administrator al-f -Z PREPARED BY: `- ES M. JONES II, Director of Public Works �- SUBJECT: Approve the Substitution of Bonds and Subdivisio ement--Tract No. 14979 Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: SCH Housing No. 3 LLC has purchased Tract No. 14979 from PLC Land Company and is requesting that their Bonds and Subdivision Agreement be substituted in place of PLC Land Company Bonds and Subdivision Agreement. • Release PLC Land Company Subdivision Agreement and Bond Nos. 3SM 890 122 00 and 3SM 889 988 00. APO SI8 35m .8 2 9 g S o pD • Accept SCH Housing No. 3 LLC Subdivision Agreement and Bond Nos. 3SM 909 080 00 and 3SM 909 081 00. Funding Source: Not applicable. Recommended Action: Motion to: 1. Release PLC Land Company Subdivision Agreement and Bond Nos. 3SM 890 122 00 and 3SM 889 988. 00, the securities furnished for Faithful Performance/Labor & Material and Monuments respectively; and, 0029669.01 -2- 01/1V/98 9:59 AM f �� i REQUEST FOR COUNCIL ACTION MEETING DATE: February 2, 1998 DEPARTMENT ID NUMBER: PW 98-013 2. Accept SCH Housing No. 3 LLC Subdivision Agreement and Bond Nos. 3SM 909 080 00 and 3SM 909 081 00, the securities furnished for Faithful Performance/Labor & Material and Monuments respectively, and approve and authorize execution by the Mayor and City Clerk of the Subdivision Agreement and file the Bonds with the City Treasurer; and, Instruct the City Clerk to notify the previous developer, PLC Land Company of this action, and the City Treasurer to notify the bonding company of this action. Alternative Action(s): Deny the recommended action. Analysis: On December 16, 1996, the City Council approved Final Map No. 14979 and accepted Bonds from PLC Land Company, the securities furnished for Faithful Performance/Labor & Material and Monuments. Subsequent to this, SCH Housing No. 3 LLC purchased Tract No. 14979 and has requested that the City exonerate the original Bonds posted by PLC Land Company and substitute their Bonds. Following is a list of project data: Subdivider: SCH Housing No. 3 LLC, 3 Corporate Plaza, Ste. 100, Newport Beach, Ca. 92660 Engineer: Hunsaker &Assoc., 3 Hughes, Irvine, Ca. 92718 Title Co.: First American Title Co., 114 E. 5th St., Santa Ana, Ca. 92702 Zone: Holly-Seacliff Specific Plan Environmental Status: This recommended action is a ministerial act, and is exempt from the requirements of the California Environmental Quality Act, pursuant to State CEQA Guidelines, Cal. Admin. Code, Title 14, Chapter 3, Section 15268 (b). Attachment(s): NumberCity Clerk's Page • D- • 1 Location Map 2 Faithful Performance/Labor& Material Bond No. 3SM 909 080 00 3 Monument Bond No. 3SM 909 081 00 4 Subdivision Agreement for Tract No. 14979 5 Certificate of Insurance for Tract No. 14979 RCA Author: Bruce Crosby 0029669.01 -3- 01/15/98 9:59 AM r, —d ND N0. 3SM 889 880 00 PREMIUM ;168.00/ 2 YEARs MONUMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT PLC, A California General Partnership as Subdivider of Tract No. 14979 in the City of Huntington Beach,County of Orange, State of Sherwood California,has submitted to said City a Final Map of said tract containing an engineer's or surveyor's certificate stating that all final monuments will be set in the positions Indicated on or before the date specified In said certificate: That said PLC. A California General Pa tnernhin (Subdivider) as principal,and American Motorists Insurance Comfy as surety, hereby guarantee to the City of Huntington Beach the payment of the cost of setting all such monuments within or In connection with said tract,as are not already set prior to the recording of said Final Map,in accordance with said map and said certificate up to but not in excess of the sum of Twenty One Thousand and No/100ths $ 21,000.00 , In which sum we are held and firmly bound to the City of Huntington Beach, all In accordance with and subject to the terms, conditions and provisions of Article 9, Chapter 4 of the Government Code of the State of California. IN WITNESS WHEREOF,we have executed this instrument this 15th day of November . 19 96 PLC, A California General Partnership . as Principal By, see attached signature block By: American Motoristq Insurance Company as Surety gy.. . . Willis hupper-Attorney In Fact AMER.ICAN MOTORISTS INSURANCE COMPANY Hone Office: Long Grove, IL 60049 POWER OF ATTORNEY j Know All Men By These Presents: That the American Motorists Insurance Company, a corporation organized and existing under the laws of the State of E Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint William J. Shupper of Los Angeles, California******** its true and lawful agent(s) and attorney s)-in-fact, to make, execute, seal, and deliver during the period beginning with the date of issuance of this power and ending December 31, 1997, unless sooner revoked for and on its behalf as surety, and as its act and deed: t Any and all bonds and undertakings provided the amount of no one bond or undertakirig exceeds FIVE MILLION DOLLARS ($5,000,000.001 ------- EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the American Motorists Insurance Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said American Motorists Insurance Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1997. This Power of Attorney is executed by authority of a resolution adopted by the Executive Committee of the Board of Directors of said American Motorists Insurance Company on February 23, 1988 at Long Grove, Illinois, a true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary as being in full force and effect: 'NOTED, That the Chairman of the Board, the. President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Board of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: t -VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company." In Testimony Whereof, the American Motorists Insurance Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers, this 01 day of January , 1994 . Attested and Certified: AMERICAN MOTORISTS INSURANCE COMPANY �1 W. A. Grauzas, S cr tary by J. S. Kemper, III, Exec.Vice President (OVER) State of California County of Los Angeles On IN:.. - before me, A. Melendez, Notary Public, NAME,TITLE OF OFFICER personally appeared William J. Shup er NAME OF SIGNER ■Personally known tome - OR - ❑ proved tome on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the _ . .. instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. dL&LIZ (SIGNATURE OTARY) OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL BOND(S) ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR tij ;V E �9 to ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) American Motorists Insurance Company SIGNER OTHER THAN NAMED ABOVE MONUMENT BOND Sherwood -Tract 14979 PLC, a California general partnership By: PLC Holdings, a California corporation, general partner By: PACLACO, INC., a California corporation, general partner By: �� Y��• r.I.v�.. Name: Ziyad Abduljawad Title: President By:_ Name: Christopher C. Gibbs Title: Secretary By: T/L HUNTINGTON BEACH LIMITED LIABILITY COMPANY, a Delaware limited liability company By: LENNAR HUNTINGTON B , INC. a California corporation, managing member By: Name: Jon tha . Title: Vic Pr sident Name: Theresa P inton Title: Asst. Secr tary �'n� CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of County of 0 NytrrJ On A A%R Q4efore me,. a,�� Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public") personally appeared S Name(s)of Signers ❑personally known to me—OR roved to me on the basis of satisfactory evidence to be the person( ) 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, F=~� KpThlEEl�!� "EIfSlED i. executed the instrument. / .; I i-;< comm. 1 C:1243-5 `"I �� v • NOTARY PUSUC-CAUFOR, WITNESS my hand and official seal. Orange coarty } ids Comm Expires Aug.22,1917 r Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another 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: ❑ Individual ❑ Individual �orporate Officer �pCorporate Officer Title(s): Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee VW❑ Guardian or Conservator 111] I:i ❑ Guardian or Conservator - ❑ Other: Top of thumb here ❑ Other: Top of thumb here Signer Is Representing: Signer Is Representing: 01994 National Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309.7184 Prod.No.5907 Reorder:Call Toll-Free 1.800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On November 18, 1996 _before me, Marialaina Rintone Date Name and Title of Officer(e.g.,'Jane Doe.Notary Public') personally appeared Jonathan M. Jaffe & Theresa Pointon Name(s)of Signer(s) IN personally known to me—OR—❑proved to me on the basis of satisfactory evidence to be the person(s) whose name(s))Ware subscribed to the within instrument and acknowledged to me that>j (they executed the same i 'their authorized capacity(ies), and that by their signature(s) on the instrument the person(s), 4bMYCMARtALAINARINioNE or the entity upon behalf of which the person(s) acted, Comrntton01088159 executed the instrument. 0nEq*83Feb19.20M NotayPubla—CalfforrUa�geCourttyTNESS my hand and off' ' seal. te Srgnawr of Nota OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another 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: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: Top of thumb here ❑ Other: Top of thumb here Signer Is Representing: Signer Is Representing: 0 1994 National Notary Association-8236 Remmet Ave..P.O Box 7184-Canoga Park.CA 91309.7184 Prod.No.5907 Reorder:Call Toll-Free 1-800-876.6827 (z!fi BOND NO. 3SM 890 122 00 :s PREMIUM $2,306.001 2 YEARS RM 115110 PREMIUM FULLY EARNED FAITHFUL PERFORMANCE BOND WHEREAS,the City Council of the City of Huntington Beach, State of California, and PLC, A California General Partnership (hereinafter designated as'principal,) have entered into an agreement whereby principal agrees to install and complete designated public improvements,which said agreement dated 19 . and identlfied'as project 14979 ,is hereby referred to and made a part hereof; and Sherwwo WHEREAS,said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement Now,therefor,we,the principal and American Motorists Insurance Ccgmpany as surety, are held and firmly bound unto the City of Huntington Beach,hereinafter called'City',the penal SUM Of Two Hundred Ei hty Eight_Thousand Two Hundred 011ars ($ 288,216.00 ) Sixteen and No 100ths lawful money of the United States,for the payment of which sum well and truly to be made,we bind ourselves,our heirs, successors,executors and administrators,Jointly and severally,firmly by these presents. The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators,successors or assigns,shall in all things stand to and abide by,and well and truly keep and perform the covenant,condition and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part,to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless 'City',its officers, agents and employees,as therein stipulated,then this obligation shall become null and void;otherwise it shall be and remain in full force and effect As a part of the obligation secured hereby and In addition to the face amount specified therefor,there shall be included costs and reasonable expenses and fees,including reasonable attorneys fees Incurred by'City In successfully enforcing such obligation, all to be taxed as costs and Included In. any Judgment rendered. 1 The surety hereby stipulates and agrees that no charge,extension of time,alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall In anywise affect its obligations on this bond, and it does hereby waive notice of any change,extension of time,alteration or addition to the terms of the agreement or to the work or to the specifications. In witness whereof,this Instrument has been duly executed by the principal and surety above named,on _ November 15, PLC, A California General Partner.WPdncipal By see attached signature block By American Moo ists Insurance Co. as Surety By William J. er=Attorney In Fact By 2 �ND NO. 3SH 890 122 00 1 - JJ PREMIUM With Performance Fi STTmm PPF"M KIL.LY EARNED LABOR AND MATERIAL BOND WHEREAS,the City Council of the City of Huntington Beach,State of California,and PLC, A California General Partnership- (hereinafter designated as'Principal')have entered into an agreement whereby principal agrees to install and complete designated public improvements,which said agreement, dated 19 . and Identified as project 14979 .is hereby referred to and made a part hereof, and erwoo WHEREAS,under the terms of said agreement,principal is required before entering upon the performance of the work,to file a good and sufficient payment bond with the City of Huntington Beach to secure the claims to which reference is made in Title 15(commencing with Section 3082)of Part 4 of Division 3 of Civil Code of the State of California Now,therefore,said principal and the undersigned as corporate surety,are held firmly bound unto the City of Huntington Beach and all contractors,subcontractors,laborers,materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid . Code of Civil Procedures In the sum of ONe Hundred Forty Four Thousand One Hundred Eight and No/100 the dollars ($ 144,108.00 ),for materials furnished or labor thereon-of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor,that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond,will pay,in addition to the face amount thereof,costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by'City"in successfully enforcing such obligation,to be awarded and fixed by the court, and to be taxed as costs and to be Included In the judgment therein rendered. It is hereby expre'ssiy stipulated and agreed that this bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15(commencing with Section 3082)of Part 4 of Division 3 of the Civil Code,so as to give a right of action to them or their assigns In any suit brought upon this bond. Should the condition of this bond be fully performed,then this obligation shall become null and void,otherwise it shall be and remain in full force and effect The surety hereby stipulates and agrees that no change,extension of time, alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner 1 atiect its obligatlon on this bonapnd ItJ&hereby waive notice of any such ' n�xtension, alteration mr ,or addition. In witness whereof,this Instrument has been fully executed by the principal and surety above named,on_ N°"• 15 . 19 96 PLC. A California Partnership ,as Principal By: By: American M Cori is Insurance Company as Surety By; _ I V - Wi1 i Shupper-Attorney In Fact i By: STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) ON . BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED AND i PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS, OR THE ENTITY UPON . . BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS.MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) ON . BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED AND PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TOME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS, OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED, EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES 8090 2 • 1090 m O:ams AMERICAN MOTORISTS INSURANCE COMPANY Hone Office: Long Grove, IL 60049 POWER OF ATTORNEY Know All Men By These Presents: That the American Motorists Insurance Company, a corporation organized and existing under the laws of the State of Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint William J. Shupper of Los Angeles, California******** Its true and lawful agent(s) and attorney(s)-in-fact, to make, execute, seal, and deliver during the period beginning with the date of issuance of this power and ending December 31, 1997, unless sooner revoked for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings provided the amount of no one bond or underta Rj,.esceeds FIVE MILLION DOLLARS ($5,000,000.00) **— ** � � EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the American Motorists Insurance Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said American Motorists Insurance Company as fully and amply to all intents and purposes, as if the sane had been duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1997. This Power of Attoiey is executed by authority of a resolution adopted by the Executive Committee of the Board of Directors of said American Motorists Insurance Company on February 23, 1988 at Long Grove, Illinois, a true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall t%ave the power and authority to appoint agents and attorneys-in-fact, and to authorize them to execute on behalf of. the Company; and attach the seal of the Company thereto, bonds and undertakings, recognizances,. contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Board of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: -VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company." In Testimony Whereof, the American Motorists Insurance Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers, this 01 day of January , 1994 . Attested and Certified: AMERICAN MOTORISTS INSURANCE COMPANY u urn Q weir� W. A. Grauzas, S cr tary by J. S. Kemper, III, Exec.Vice President (OVER) CA�1=t3R�i -PARP:..��.��K7.W :��Cti..1Vi...�..............................::.. ..............:::::::._::._.:::_:::::::::::::..:::::::::::::.:..:....:.................... State of California County of Los Angeles On `j� before me, A. Melendez, Notary Public, NAME,TITLE OF OFFICER personally appeared William T. ShupRer NAME OF SIGNER ■Personally known tome - OR - ❑ proved tome 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), G and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and offs 'al seal. (SIGNATURE O OTARY) OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL BOND(S) ❑ CORPORATE OFFICER , TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR T ►,4 ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) American Motorists Insurance Company SIGNER OTHER THAN NAMED ABCVE FAITHFUL PERFORMANCE BOND / LABOR AND MATERIAL BOND Sherwood -Tract 14979 PLC, a California general partnership By: PLC Holdings, a California corporation, general partner By: PACLACO, INC., a California corporation, general partner By: U,- Name: Ziyad Abduljawad Title: Presid nt B : Y Name: Christopher C. Gibbs Title: Secretary By: T/L HUNTINGTON BEACH LIMITED LIABILITY COMPANY, a Delaware limited liability company By: LENNAR.HUNTINGTON B CH, INC. a California corporation, managing member By: Name: Jo ath n e Title: Vi P esident By: Name: Theresa Pointon Title: Asst. Secretary , v • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of .County of On rn^N rii,�\Q_ M!A before me�i� Q ,� Date Name and Title of O icer(e.g.,"Jane Doe,Notary Public") personally appeared , Na (s)of Signer(s) S' C personally known to me—OR—K'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), KkTHIEEN HENSLER '� or the entity upon behalf of which the person(s) acted, G Corm.#1002486 executed the instrument. NOTARY FL'3uc•cAuFORNA D Oraege County tycorrwib4rmAug-22.1997 WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document . Title or Type of Document: Document Date: \g \gc�4 Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: Signer's Name: Individual ❑ Individual Corporate Officer )Z Corporate Officer Title(s): Title(s): - Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General = Attorney-in-Fact Attorney-in-Fact = Trustee :3 Trustee _ M. = Guardian or Conservator ❑ Guardian or Conservator Other: Top of thumb here El Other: Top of thumb here Signer Is Representing: Signer Is Representing: 0 1994 National Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309.7184 Prod.No.5907 Reorder:Call Toll-Free 1-800.876-6827 � r CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On November 18, 1996 before me, Marialaina Rintone Date Name and Title of Officer(e.g.,'Jane Doe,Notary Public') personally appeared Jonathan M. Jaffe & Theresa Pointon , Name(s)of Signers) 12S personally known to me—OR—❑proved to me on the basis of satisfactory evidence to be the person(s) whose name(s))Ware subscribed to the within instrument and acknowledged to me that>4e(�they executed the same it / 'their authorized capacity(ies),and that by their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, MAMALMARINTONE executed the instrument. Cornmbftf IX81b9 owgee* NESS my hand and official se MY Comm.Ev*w Feb 19,20M Signature of Notary Pub' OPTIONAL Though the information below is not required bylaw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another 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: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): ❑ Partner—D Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact C. Attorney-in-Fact (j Trustee ❑ Trustee VIM 21 01 Guardian or Conservator g ;- E. Guardian or Conservator ❑ Other: Top of thumb here Other: Top of thumb here Signer Is Representing: Signer Is Representing: 0 1994 National Notary Association•8236 Remmet Ave..PO Box 7184•Canoga Park,CA 91309-7184 Prod.No 5907 Reorder:Call Toll-Free 1-800-876.6827 PK.64e,G.Ja,/r�, 'PITY OF HUNTINGT.ON BEAC F , MEETING DATE: February 2, 1998 DEPARTMENT ID NUMBER: PW 98-013 Council/Agency Meeting Held: Deferred/Continued to: ®'Approved ❑ Conditionally Ap roved ❑ Denied City Cler Signature —O Council Meeting Date: February 2, 1998 Department ID Number: PW 98-013 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION a a x SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS w s " fV <rn SUBMITTED BY: Ray Silver, Acting City Administrator XAP w r> rn PREPARED BY: S M. JONES II, Director of Public Works s SUBJECT: Approve the Substitution of Bonds and Subdivisio ement--Tract No. 14979 Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachments) Statement of Issue: SCH Housing No. 3 LLC has purchased Tract No. 14979 from PLC Land Company and is requesting that their Bonds and Subdivision Agreement be substituted in place of PLC Land Company Bonds and Subdivision Agreement. • Release PLC Land Company Subdivision Agreement and Bond Nos. 3SM 890 122 00 and 3SM 889 988 00. • Accept SCH Housing No. 3 LLC Subdivision Agreement and Bond Nos. 3SM 909 080 00 and 3SM 909 081 00. Funding Source: Not applicable. Recommended Action: Motion to: 1. Release PLC Land Company Subdivision Agreement and Bond Nos. 3SM 890 122 00 and 3SM 889 988 00, the securities furnished for Faithful Performance/Labor & Material and Monuments respectively; and, 0029669,01 -2- 01/1C/98 9:59 AM RRUEST FOR COUNCIL ACTICI MEETING DATE: February 2, 1998 DEPARTMENT ID NUMBER: PW 98-013 2. Accept SCH Housing No. 3 LLC Subdivision Agreement and Bond Nos. 3SM 909 080 00 and 3SM 909 081 00, the securities furnished for Faithful Performance/Labor & Material and Monuments respectively, and approve and authorize execution by the Mayor and City Clerk of the Subdivision Agreement and file the Bonds with the City Treasurer; and, Instruct the City Clerk to notify the previous developer, PLC Land Company of this action, and the City Treasurer to notify the bonding company of this action. Alternative Action(s): Deny the recommended action. Analysis: On December 16, 1996, the City Council approved Final Map No. 14979 and accepted Bonds from PLC Land Company, the securities furnished for Faithful Performance/Labor & Material and Monuments. Subsequent to this, SCH Housing No. 3 LLC purchased Tract No. 14979 and has requested that the City exonerate the original Bonds posted by PLC Land Company and substitute their Bonds. Following is a list of project data: Subdivider: SCH Housing No. 3 LLC, 3 Corporate Plaza, Ste. 100, Newport Beach, Ca. 92660 Engineer: Hunsaker & Assoc., 3 Hughes, Irvine, Ca. 92718 Title Co.: First American Title Co., 114 E. 5th St., Santa Ana, Ca. 92702 Zone: Holly-Seacliff Specific Plan Environmental Status: This recommended action is a ministerial act, and is exempt from the requirements of the California Environmental Quality Act, pursuant to State CEQA Guidelines, Cal. Admin. Code, Title 14, Chapter 3, Section 15268 (b). Attachment(s): City Clerk's Page Number No. Description ........ ................_. ........ ............... ......_... ...... .........._.. ................_. ........ .......... .. ............. ..... ........ ..... ........ ... 1 Location Map 2 Faithful Performance/Labor& Material Bond No. 3SM 909 080 00 3 Monument Bond No. 3SM 909 081 00 4 Subdivision Agreement for Tract No. 14979 5 Certificate of Insurance for Tract No. 14979 RCA Author: Bruce Crosby 0029669.01 -3- 01/15/98 9:59 AM Page 6 -Council/Agenc tenda - 02/02/98 6 9 Y ( ) E. CONSENT CALENDAR All matters listed on the Consent Calendar are considered by the City Council and Redevelopment Agency to be routine and will be enacted by one motion in the form listed. Recommended Action: Approve all items on the Consent Calendar by affirmative roll call vote. E-1. (City Council/Redevelopment Agency) Minutes -Approve and adopt the minutes of the City Council/Redevelopment Agency regular meeting of January 5, 1998 as written and on file in the Office of the City Clerk. Submitted by the City Clerk [Approved 6-0-- Bauer:Absent] E-2. (City Council) Approve The Substitution Of Bonds And Subdivision Agreement From SCH Housing No. 3 LLC (Limited Liability Company) In Place Of PLC Land Co. -Tract No. 14979 - N/Ernest, E/Gothard -(Holly-Seacliff Development Agreement Areal (420.60) - 1. Release PLC Land Company Subdivision Agreement and Bond Nos. 3SM 890 122 00 and 3SM 889 988 00 (American Motorists Insurance Company), the securities furnished for Faithful Performance, Labor and Material and Monuments respectively; 2. Accept SCH Housing No. 3 LLC Subdivision Agreement and Bond Nos. 3SM 909 080 00 and 3SM 909 081 00 (American Motorists Insurance Company), the securities furnished for Faithful Performance, Labor and Material and Monuments respectively, and approve and authorize execution by the Mayor and City Clerk of the Subdivision Agreement and file the bonds with the City Treasurer; and Instruct the City Clerk to notify the previous developer, PLC Land Company of this action, and the City Treasurer to notify the bonding company of this action. Submitted by the Public Works Director [Approved 6-0-- Bauer:Absent] E-3. (Redevelopment Agency) Approve Transfer and Assumption of Affordable Housing Agreement and Loan -725-733 Utica Avenue -Associates Nine to Yaron Levy (California Flood & Flame Construction Corporation) - (600.30) Authorize the Chairman and Agency Clerk to execute the Assumption Agreement between the Redevelopment Agency and Yaron Levy (California Flood and Flame Construction Corporation), with all of the attachments provided, of the Affordable Housing Agreement and loan for the property located at 725-733 Utica Avenue, a 36-unit affordable housing complex. Submitted by the Economic Development Director [Approved 6-0 -- Bauer:Absent] (6) 0019517.01 AM16 Amok IRW ELLIS AVENUE W a o NOT TO SCALE �O �O TRACT NO 14979 m a C) 0 00 cV C O O W O_ i= O ERNEST AVENUE ATTACHMENT No. 1 [PlotStamp Eval] G:\ACAD\CROSBY\TR14979 LOCATION PAP �J• �4 CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS ATTACHMENT 2 I have received Faithful Performance Bond No. 3SM 909 080 00 - SCH Housing No. 3 LLC, a Delaware Limited Liability Company, Labor and Material Bond No. 3SM 909 080 00 - SCH Housing No. 3 LLC, a Delaware Limited Liability Company, Monument Bond No. 3SM 909 081 00 - SCH Housing No. 3 LLC, a Delaware Limited Liability Company. Re: Final Tract Map No. 14979 - PLC Land Company, n/Ernest, a%Gothard (Holly Seacliff Development Agreement). RCA and Action Agenda for February 2, 1998 Dated: oZ By: BOND NO. 3SM 909 080 00 iPREMIUM $1,081MV2 years PREMIUM I.S. FULLY EA RNEQ UPON ISSUANCE FAITHFUL PERFORMANCE BOND WHEREAS,the City Council of the City of Huntington Beach,State of California,and SCH Housing No. 3 LLC, a Delaware Limited Liability Company (hereinafter designated as'principal*)have entered into an agreement whereby principal agrees to install and complete designated public improvements,which said agreement,dated 19 .and identified as project Tract #14979 ,is hereby referred to and made a part hereof;and WHEREAS,said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement Now,therefor,we,the principal and American Motorists Insurance Company as surety,are held and firmly bound unto the City of Huntington Beach,hereinafter called"City",the penal Sum Of Seventy Two Thousand Fifty Four and No/100----- dollars($ 72,054.00 lawful money of the United States,for the payment of which sum well and truly to be made,we bind ourselves,our heirs,successors,executors and administrators,jointly and severally,firmly by these presents. The condition of this obligation is such that if the above bounded principal,his or its heirs, executors,administrators,successors or assigns,shall in all things stand to and abide by,and well and truly keep and perform the covenant,condition and provisions in the said agreement and any alteration thereof made as therein provided,on his or their part,to be kept and performed at the time and in the manner therein specified,and in all respects according to their true intent and meaning,and shall indemnify and save harmless"City",its officers,agents and employees,as therein stipulated,then this obligation shall become null and void;otherwise it shall be and remain in full force and effect As a part of the obligation secured hereby and in addition to the face amount specified therefor,there shall be included costs and reasonable expenses and fees,including reasonable attorney's fees incurred by'City in successfully enforcing such obligation,all to be taxed as costs and included in any judgment rendered. 1 r The surety hereby stipulates and agrees that no charge,extension of time,alteration or addition to the terms of the agreement or to the.work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond,and it does hereby waive notice of any change,extension of time,alteration or addition to the terms of the agreement or to the work or to the specifications. In witness whereof,this instrument has been duly executed by the principal and surety above named,on June 19 19 97 SCH usin LLC, a D a L' i d ompanys Principal By E Ak�Lp_ American Motorists Insurance COMDanv A as Surety By Irene Lau, Attorney.-in-Fact By �y. Attorney 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On JUN 19 19V before me, Kathy R. Mair, Notary Public , DATE NAME.TITLE OF OFFICER-E.G.,"JANE DOE.NOTARY PUBLIC personally appeared Irene Lau , NAME(S)OF SIGNER(S) Z personally know to me - OR - ❑ proved to-me on the basic 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 sig- KATI.IYR.MAIR nature(s) on the instrument the person(s), or the en- Commbslon f 1134092 NotaryPubk—CoYfomla tity upon behalf of which the person(s) acted, °forge County executed the instrument. 40my Comm.F);tres May 22.2001 WITNESS my hand and official seal. F NOTARY --------------------------------------------- OPTIONAL -------------------------------------------- Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fradulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: JU N 1 9 1997 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE rtn STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) ON BEFORE ME, A NOTARY P66C IN AND FOR SAID STATE,PPE,RS,O,INAL& APPEARED �Dl rl- S 6Cfl/II�f f AND �J' VV, IU�C� SY1 PERSONALLY KNOWN TO ME ) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED TH F.F.FtTzpATRICK rc COMM.#1098062 n WITNESS MY HAND w - MAW FUMC-CA,FOFMOPAWCOLPM 9 ! *cane EW=MrY 1Z 2000 SIGNATURE �,[� MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AN R SAID TE IN COUNTY ML (NAME PRINTE ) MY COMMISSION EXPIRES a OO STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) ON BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED AND PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES 8075.01 3 BOND NO. 3SM 909 080 00 `;� y • • PREMIUM included in . Performance Bond LABOR AND MATERIAL BOND WHEREAS,the City Council of the City of Huntington Beach,State of California,and SCH Housing No.3 LLC,a Delaware Limited Liability Company (hereinafter designated as"Principal")have entered into an agreement whereby principal agrees to install and complete designated public improvements,which said agreement,dated 19_ and identified as project Tract #14979 is hereby referred to and made a part hereof,and WHEREAS,under the terms of said agreement,principal is required before entering upon the performance of the work,to file a good and sufficient payment bond with the City of Huntington Beach to secure the claims to which reference is made in Title 15(commencing with Section 3082)of Part 4 of Division 3 of Civil Code of the State of California. Now,therefore,said principal and the undersigned as corporate surety,are held firmly bound unto the City of Huntington Beach and all contractors,subcontractors,laborers,materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedures in the sum of Thirty Six Thousand Twenty Seven and No/100 ----- dollars($ 36,027.00 1,for materials furnished or labor thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to such work or labor,that said surety will pay the same in an amount not exceeding the amount hereinabove set forth,and also in case suit is brought upon this bond,will pay,in addition to the face amount thereof,costs and reasonable expenses and fees,including reasonable attorney's fees,incurred by'City'in successfully enforcing such obligation,to be awarded and fixed by the court,and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons,companies and corporations entitled to file claims under Title 15(commencing with Section 3082)of Part 4 of Division 3 of the Civil Code,so as to give a right of action to them or their-assigns in any suit brought upon this bond. Should the condition of this bond be fully performed,then this obligation shall become null and void,otherwise it shall be and remain in full force and effect The surety hereby stipulates and agrees that no change,extension of time,alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner 1 8090 STATE OF ILLINOIS COUNTY OF LAKE ss 1, Irene Kiewer,a Notary Public,do hereby certify that J. S. Kemper, III and Robert P. Harries personally known to me to be the same persons whose names are respectively as Exec.Vice President and Secretary of the American Motorists Insurance Company, a Corporation of the State of Illinois, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary act for the uses and purposes therein set forth. 4 -o SE k*m K1 AT- ► �i /LX�I � t«r qew ► � r,c.�r.e.o�..,arw ► Irene Klewer, Notary Public My commission expires: 1-28-98 CERTIFICATION 1,J.K. Conway, Secretaryry of the American Motorists Insurance Company, do hereby certify,that the attached Power of Attomey dated July 26, 1993 on behalf of the person(s)as listed on the reverse side is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate;and I do further certify that the said J. S. Kemper III and Robert P. Harries who executed the Power of Attomey as Exec.Vice President and Secretary respective were on the date of the execution of the attached Power of Attomey the duly elected Exec.Vice President and Secretary of the American Motorists Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affi d the corporate syl of the American Motorists Insurance Company on this 19th day of June , 19 J. K. Conway, Corporate Secretary This Power of Attomey limits the acts of those named therein to the bonds and undertakings specifically named therein,and they have no authority to bind the Company except in the manner and to the extent herein stated. TO VERIFY THIS POWER OF ATTORNEY, CALL(847)320-2160. FM 362-10 5-91 Power of Attomey-Term PRINTED IN U.S.A. Z�AMURICAN MOTORISTS INSURANCE COMPANY Home Office: Long Grove, IL 60049 POWER OF ATTORNEY Know All Men By These Presents: That the American Motorists Insurance Company, a corporation organized and existing under the laws of the State of Illinois,and having its principal office in Long Grove, Illinois,does hereby appoint Irene Lau its true and lawful agent(s)and attomey(s)-in-fact, to make, execute, seal,and deliver during the period beginning with the date of issuance of this power and ending December 31, 1997, unless sooner revoked for and on its behalf as surety, and as its act and deed: Name of Principal: SCH Housing No. 3 LLC, a Delaware Limited Liability Company Bond No.: 3SM 909 080 00 Penal Sum: $ 729054.00 Name of Obligee: City of Huntington Beach Description: Subdivision Improvements. Tract 14979 EXCEPTION: NO AUTHORITY is granted to make execute seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check,draft or letter of credit. This authority does not permit the same obligation to'be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the American Motorists Insurance Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said American Motorists Insurance Company as fully and amply to all intents and purposes,as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1997. This Power of Attorney is executed by authority of a resolution adopted by the Executive Committee of the Board of Directors of said American Motorists insurance Company on February 23, 1988 at Long Grove, Illinois, a true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED,That the Chairman of the Board,the President,or any Vice President, or their appointees designated in writing and filed wilt:the Secretary or the Secretary shall have the power and authority to appoint agents and Lthe reof;and any such officers of the Company may appoint agents for acceptance of process" This Power of Attorney is signed sealed and certified by facsimile under and by authority of the following resolution adopted by the Ex Committee of the Board of Directors of the Company at a meeting duty called and held on the 23rd day of February, 1988: "VOTED,That the signature of the Chairman of the Board, the President,any Vice Presiden�or their appointees des' nated in writinnggLand filed with the Secretary,and the signature of the Secretary,the sea of the Company,and tions by the 5e=tary, may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23 1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company." In Testimony Whereof the American Motorists Insurance Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers, this 26th day of July , 1993 . Attested and Certified: AMERICAN MOTORISTS INSURANCE COMPANY Robert P. Harries, Secretary T S. Kemper, 111, Exec, Vice Fresiden NOTE: ANY ERASURES OR WHITE OUT WILL VOID THIS POWER OF ATTORNEY. CALIFORNI ALL-PURPOSE ACKNOWLAGMENT State of California County of Orange On SUN 9 1997 before me, Kathy R. Mair. Notary Public , DATE NAME,TITLE OF OFFICER•E.G.,"JANE DOE,NOTARY PUBLIC personally appeared Irene Lau , NAME(S)OF SIGNER(S) ® personally know to me - OR - ❑ proved to me on the basic 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 sig- KATHYR•MAP nature(s) on the instrument the person(s), or the en- Commisslon! 1134092 Notary Pubac_Ccoomia tity upon behalf of which the person(s) acted, °rangy Count executed the instrument. My Comm.Egtres May 22,2001 WITNESS my hand and official seal. SIGNAT OF NOTARY ---------=----------------------------------- OPTIONAL -------------------------------------------- Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fradulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: JUN 19 1997 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE rm - �Vj+w uc lull y perrormed, then this obligation shall become null i ' arts obligation on this bond,and it does hereby waive 40 of any such change,extension,alteration or addition. In witness whereof,this instrument has been fully executed by the principal and surety above named,on June 1 19 97 SCH Ho ng LLC, a Del i t d Li ili n as Principal B . 0 lyr- LD as Surety By: Iren , ttorn - ac By: STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE j ON 19?7Z-.BEFORE ME, "l ' A NOTARY P B fLI'C-IN AND FOR SAID STATE,PERSONAJ APPEAREDf 5 AND PERSONALLY KNOWN TO ME TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATUREam(&My,(- MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FO AID STA IN COUNTY NAME PRI� MY COMMISSION EXPIRES DQ ( -s — YAfiY E RTZPATRIClC STATE OF CALIFORNIA ) COMM.#1098062 a SS @I* COUPM "�COUNTY OF ORANGE ) Caen E*Ya wr 1z soon ON BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED AND PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES BMW 2 c I'i': !% ' ,Y 8090 1 y: , �JJ bep.'ti1('?.'y Attorney ATTACHMENT 3 PREMIUM IS GULLY EARNED • ,� UPONISSUANCE ' BOND NO. 3SM 909 081 00 PREMIUM $315.00/2 years l MONUMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT SCH Housing No. 3 LLC, a Delaware Limited Liability Company as Subdivider of Tract No. 14979 in the City of Huntington Beach,County of Orange,State of California,has submitted to said City a Final Map of said tract containing an engineer's or surveyor's certificate stating that all final monuments will be set in the positions indicated on or before the date specified in said certificate: That said SCH Housing No.3 LLC,a Delaware Limited Liability Company (Subdivider) as principal,and American Motorists Insurance Company as surety,hereby guarantee to the City of Huntington Beach the payment of the cost of setting all such monuments within or in connection with said tract,as are not already set prior to the recording of said Final Map,in accordance with said map and said certificate up to but not in excess of the sum of $ 21,000.00 * * * * ,in which sum we are held and firmly bound to the City of Huntington Beach,all in accordance with and subject to the terms,conditions and provisions of Article 9,Chapter 4 of the Government Code of the State of California. IN WITNESS WHEREOF,we have executed this instrument this 19th day of June 19 97 SCH using 3 LLC, a aw 1 .it d Lia ' ' pany as Principal y: American Mo rists fpsurance Company as Surety By: Irene Lau, Attorney-in-Fact By: A J 1 CA; Y 8y:y. I D r' Attorney 9092.01 . i CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On 'SUN t ° M7 before me, Kathy R. Mair. Notary Public , DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY_PUBLIC personally appeared Irene Lau , NAME(S)OF SIGNER(S) ® personally know to me - OR - ❑ proved to me on the basic 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 sig- KAn','R•MAR nature(s) on the instrument the person(s), or the en- Commisslon 4 113ao92 NotoryFubBc—coinorNa tity upon behalf. of which the person(s) acted, Orange County executed the instrument. QMy Comm.Eq*es MW 22,2a0t WITNESS my hand and official seal. SIGNATU E OF NOTARY --------------------------------------------- OPTIONAL -------------------------------------------- Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fradulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR El OTHER: JuN t s 1997 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE rm r STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) ON BEFORE ME, (� A NOTARY F&LIC IN AND FOR SAID STATE,PERSONALL APPEARED _ /� - AND 1'LC6� W• (lgla&� PERSONALLY KNOWN TO ME TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE /)WMY PRI CIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN A FOR SAI ATE IN '1 COUNTY (NAME PRINT D) MY COMMISSION EXPIRES J Z O MARY E HTZPAMM COMM.I1098w s STATE OF CALIFORNIA ) WIWI��Z2= SS COUNTY OF ORANGE ) ON BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED AND PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES 9092.01 • CWAUNZ cawraws /-�MERICAN MOTORISTS INSURANCE COMPANY Home Office: Long Grove, IL 60049 POWER OF ATTORNEY Know All Men By These Presents: That the American Motorists Insurance Company, a corporation organized and existing under the laws of the State of Illinois,and having its principal office in Long Grove, Illinois,does hereby appoint Irene Lau its true and lawful agent(s)and attomey(s)-in-fact, to make,execute, seal, and deliver during the period beginning with the date of issuance of this power and ending December 31, 1997, unless sooner revoked for and on its behalf as surety, and as its act and deed: Name of Principal: SCH Housing No. 3 LLC, a Delaware Limited Liability Company Bond No.: 3SM 909 081 00 Penal Sum: $ 219000.00 Name of Obligee: City of Huntington Beach Description: Monumentation - Tract 14979 EXCEPTION: NO AUTHORITY is granted to make execute seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check,draft or letter of credit This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as sef forth herein. This appointment may be revoked at any time by the American Motorists Insurance Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said American Motorists insurance Company as fly and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1997. This Power of Attorney,is executed by authority of a resolution adopted by the Executive Committee of the Board of Directors of said American Motorists insurance Company on February 23, 1988 at Long Grove, Illinois, a true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED,That the Chairman of the Board, the Presiders or any Vice President,or their appointees designated in writing and filed with the Secretary or the Secretary sha�l have the power and authority to appoint agents and attomeys-in-fact,and fo authorize>*fiem to execute on behalf of the Compan ,and attach the seat of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity andyother writings, obligatory in the nature thereof,and any such officers of the Company may appoint agents for acceptance of process" This Power of Attorney is signed,sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Board of Directors of the Company at a meeting duty called and held on the 23M day of February, 1988: "VOTED,That the signature of the Chairman of the Board,the President,any Vice Presider or their appointees desr'rgg�ated in wrihe and filed with the Secretary,and the signature of the Secretary,the seal of the Company,and oec�tions by the 5ea+etary, may be affixed by facsimile on any power of attorney or bond executed pursuant to Executive resolution adopted by the Committee of the Board of Directors on February 23 1988 and any such power so executed,sealed and certified with respect to any bond or undertaking to which it is attacied,shall continue to be valid and binding upon the Company." In Testimony Whereof the American Motorists Insurance Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers, this 26th day of July , 1993 Attested and Certified: AMERICAN MOTORISTS INSURANCE COMPANY Robert P. Harries, Secretary J. S. Kemper, III, Exec, Vice PresidenI NOTE: ANY ERASURES OR WHITE OUT WILL VOID THIS POWER OF ATTORNEY. STATE OF ILLINOIS COUNTY OF LAKE ss I. Irene Klewer, a Notary Public,do hereby certify that J. S. Kemper, III and Robert P. Harries personally known to me to be the same persons whose names are respectively as Exec.Vice President and Secretary of the American Motorists Insurance Company, a Corporation of the State of Illinois, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary act for the uses and purposes therein set forth. k*m. W 4 teem Pow sm d." 4 My commission expires: 1-28-98 Irene Klewer, Notary Public CERTIFICATION I, J.K. Conway, Secreta of the American Motorists Insurance Company,do hereby certifythat the attached Power of Attorney dated July 6, 1993 on behalf of the person(s)as listed on the reverse side is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate;and I do further certify that the said J. S. Kemper III and Robert P. Harries who executed the Power of Attorney as Exec.Vice President and Secretary respective} were on the date of the execution of the attached Power of Attorney the duly elected Exec.Vice President and Secretary of the American Motorists Insurance.Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seaal�of the American Motorists Insurance Company on this 19th day of June , 19 97 J. K Conway, Corporate Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein,and they have no authority to bind the Company except in the manner and to the extent herein stated. TO VERIFY THIS POWER OF ATTORNEY, CALL(847)320-2160. FM 362-10 5-91 Power of Attorney-Term PRINTED IN U.S.A. ATTACHMENT 4 f SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND SCH HOUSING NO. 3 FOR TRACT NO. 14979 (9q� THIS AGREEMENT is entered into this 2,,vA day of f , fi9", by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY," and SCH HOUSING NO. 3, a Delaware limited liability company hereinafter referred to as "SUBDIVIDER." RECITALS WHEREAS, SUBDIVIDER is the owner of a tract of land in CITY, which it is seeking to subdivide into lots and to dedicate certain streets, alleys, and other improvements therein to public use, and is about to file with CITY a map of the tract of land known as Tract No. 14979; and As a condition of the approval of and prior to the recordation of said subdivision map, SUBDIVIDER is required to improve and dedicate the streets and alleys, and to perform certain other improvements in said subdivision; and SUBDIVIDER desires to enter into an agreement with CITY to delay performance of certain of the work; to agree to perform said work as herein provided; and to execute and deliver to CITY bonds for the faithful performance of said agreement, for the payment of all !abor and material in connection therewith, and for the guarantee and warranty of the work for a period of one (1) year following completion and acceptance thereof against any defect in work or labor done, or defective materials furnished, as required by Sections 66499 and 66499.3 of the Govemment Code of the State of California, and Chapter 225 of CITY'S Zoning and Subdivision Code. NOW, THEREFORE, in consideration of the promises and agreements of the parties as herein set forth, the parties agree as follows: 1 3/k/g:agree/tracform/6/18/97 1. GENERAL STREET CONSTRUCTION SUBDIVIDER does hereby agree to do and perform the following work in said tract: - all conditions of the tract map not completed at the time of the recordation thereof to include, but not limited to, the construction of streets, including excavation, paving, curbs, gutters, sidewalks, trees and landscaping; sewers, including construction of main lines and lot laterals and structures; streetlights; street signs; construction of domestic water systems including the construction of water mains, lot laterals and installation of meters; engineering costs; and any miscellaneous requirements as may be set forth in CITY'S codes. All of said work shall be done and performed in accordance with plans, specifications and profiles which have been.approved by the City Engineer and filed in the office of the City Engineer. All of work shall be done at the sole cost and expense of SUBDIVIDER. The acceptance of the dedication of said streets, alleys and other improvements, and said work shall be completed on or before two (2) years from the date hereof, and all labor and material bills therefor shall have been paid by SUBDIVIDER. 2. ARTERIAL HIGHWAY IMPROVEMENT SUBDIVIDER agrees to complete all arterial highway improvements, including perimeter walls and landscaping required by conditions of the tract map, prior to release or connection of utilities for occupancy for any lot in the Tract. 3. GUARANTEE SUBDIVIDER shall guarantee all work and material required to fulfill its obligation as stated herein for a period of one (1) year following the date of City Council acceptance of same. 2 3Wg:agree/tracfomV6/18/97 4. FAITHFUL PERFORMANCE AND SECURITY In accordance with Huntington Beach Zoning and Subdivision Code, upon execution hereof SUBDIVIDER shall deposit with the City Treasurer the sum of Seventy Two Thousand Fifty-Four Dollars ($72,054) as prescribed by Section 255.16 thereof, which security is given to CITY to insure faithful performance of this Agreement and of all of the conditions of the Tract Map. The deposit may be by corporate surety bond, cash or other approved form of improvement security. All bonds and other forms of deposit shall be approved by the City Attorney prior to their acceptance by CITY. SUBDIVIDER may, during the term of this Agreement, substitute improvement security provided that the substituted security is acceptable to the City Attorney; however, any bond or other security given in satisfaction of this condition shall remain in full force and effect until the work of improvement is finally accepted by CITY and SUBDIVIDER may be required by CITY to provide a substitute security at any time. 5. INDEMNIFICATION, DEFENSE, HOLD HARMLESS SUBDIVIDER hereby agrees.to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims,judgments, costs and demands, however caused, including those resulting from death or injury to SUBDIVIDER'S employees and damage to SUBDIVIDER'S property, arising directly or indirectly out of the obligations or operations herein undertaken by SUBDIVIDER, including those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. SUBDIVIDER will conduct all defense at its sole cost and expense. CITY shall be reimbursed by SUBDIVIDER for all costs or attorney's fees incurred by CITY in enforcing this obligation. 3 3/k/g:agree/tracfomV6/18/97 6. WORKERS' COMPENSATION INSURANCE Pursuant to California Labor Code § 1861, SUBDIVIDER acknowledges awareness of§ 3700 et seq. of said code, which requires every employer to be insured against liability for workers' compensation; SUBDIVIDER convenants that it will comply with such provisions prior to commencing performance of the work hereunder. SUBDIVIDER shall maintain Workers' Compensation Insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. 7. INSURANCE In addition to the workers compensation insurance and SUBDIVIDER's covenant to indemnify CITY, SUBDIVIDER shall obtain and furnish to CITY, a policy of general public.liability insurance, including motor vehicle coverage covering the PROJECT. Said policy shall indemnify SUBDIVIDER, its officers, agents and employees, while acting within the scope of their duties, against any and all claims of arising out of or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of$1,000,000 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than $1,000,000. Said policy shall name CITY, its officers, and employees as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to 4 3/k/g:agree/tracform/6/18/97 the PROJECT shall be deemed excess coverage and that SUBDIVIDER's insurance shall be primary. Under no circumstances shall said abovementioned insurance contain a self- insured.:retention, or a "deductible" or any other similar form of limitation on the required coverage. 8. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS .Prior to commencing performance of the work hereunder, SUBDIVIDER shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; said certificates shall: 1. provide the name and policy number of each carrier and policy; 2. shall state that the policy is currently in force; 3. shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice of CITY; and 4. shall state as follows: "The above detailed coverage is not subject to any deductible or self-insured retention, or any other form of similar type limitation." SUBDIVIDER shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by SUBDIVIDER under the Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. SUBDIVIDER shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. • I 5 3/k/9:a9ree/tracforrN6/18/97 A separate copy of the additional insured endorsement to each of SUBDIVIDER's insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. '9. ATTORNErS FEES In the event suit is brought by either party to enforce the terms and provisions of this agreement or in any bond given to secure the performance hereof, each party shall bear its own attorney fees and costs. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. SCH HO IN G 3, L.C., b CITY OF HUNTINGTON BEACH, a SE O Y ES municipal corporation of the State of C lifor is B • o ert S.-Ben n t, President print name Ma or ITS: (circle one)Chairma Presiders ice President AND ATTEgS ooe;, By:* City Clerk W. Gladish, Exec VP & Secretary print name APPROVED AS TO FORM- ITS: (circle one Secretary hief Financial Officer/Asst. Secre FORM- S; reasurer 6 City Attorney r Y I $�S� REVIEWED AND APPROVED: INITIATED AND APPROVED: dm�t� City Engineer 6 3/k/g:agree/tracfomV6/18/97 SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND SCH HOUSING NO. 3 FOR TRACT NO. 14979 TABLE OF CONTENTS Section Pa4e 1 General Street Construction..................................................................................2 2 Arterial Highway Improvement...............................................................................2 3 Guarantee.............................................................................................................2 4 Faithful Performance and Security........................................................................3 5 Indemnification, Defense, Hold Harmless...............................................................3 6 Workers' Compensation Insurance........................................................................4 7 Insurance..........................................................................................................:....4 8 Certificates of Insurance; Additional Insured Endorsements 9 Attorneys' Fees......................................................................................................5 31Wg:agree/tracform/6/18/97 ATTACHMENT 5 N� -M 06/20/97 ...........M PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION JOHNSON&HIGGINS OF CALIFORNIA ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 695 TOWN CENTER DRIVE#700 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR COSTA MESA CA 92626 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PHONE: 714/641-8899 RECEIVED COMPANIES AFFORDING COVERAGE FAX: 714/979-0797 COMPANY 60001-00000 00010 Jljlv 2 A . INVESTORS INSURANCE GROUP INSURED SEACOUNTRY HOMES (0OD COMPANY B N/A SCH HOUSING#3 LLC CL*l 3 CORPORATE PLAZA,SUITE 100 (als$X, -1,19* COMPANY . .NEWPORT BEACH CA 92660 C N/A ATTN: MARY;FITZPATRICK COMPANY FAX(714 718-4697 D THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAME AB VE F0 THE OLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR I DATE(MM/DD^ DATE(MM/DDNY) GENERAL LIABILITY -GENERAL AGGREGATE $ 2,000,000 A X COMMERCIAL GENERAL LIABILITY GLP 1002575 03/24/97 04/24/99 PRODUCTS-COMP/OP AGG S 1,000,000 ....... CLAIMS MADEF�X OCCUR PERSONAL&ADV INJURY $ 1,000,000 OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE $ 2,000,000 FIRE DAMAGE(Any one fire) S 50,000 v. MED EXP(Any one person) $ 5,000 AUTOMOBILE LIABILITY ANY AUTO ANY SINGLE LIMIT $ ALL OWNED AUTOS L BODILY INJURY SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ......... ... ... ANY AUTO OTHER THAN AUTO ONLY: ... ... ......... EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY J EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE S OTHER THAN UMBRELLA FORIA STATUTORY LIMITS WORKERS COMPENSATION AND ..................... EMPLOYERS'LIABILITY EACH ACCIDENT $ THE PROPRIETOR/ INCL DISEASE-POLICY LIMIT $ PARTNERS/EXECUTIVE OFFICERS ARE: E)(CL DISEASE-EACH EMPLOYEE $ OTHER DESCRIPTION OFOPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS (LIMITS MAY HAVE BEEN REDUCED BY PAID CLAIMS AND MAY HAVE DEDUCTIBLES OR RETENTIONS) CERTIFICATE HOLDER IS NAMED AS AN ADDITIONAL INSURED, BUT ONLY WITH RESPECTS TO LIABILITY ARISING OUT OF "OUR WORK" FOR YOU. SEE ATTACHED ADDITIONAL INSURED ENDORSEMENT (FORM B) CG20101093 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE THE CITY OF HUNTINGTON BEACH,ITS AGENTS, OFFICER AND EMPLOYEES EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL &QQ0kX 6XXMAIL 2000 MAIN STREET 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, HUNTINGTON BEACH CA 92648 ATTN: CHRISTI MENDOZA AUTHORIZED REPRESENTATIVE JAMES L.KNOOP li-.6 ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: BLANKET - AS PER CERTIFICATES ON FILE WITH THE COMPANY (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that Insured. CG20101093 Copyright, Insurance Services Office, Inc. NOTICE: 1. THE INSURANCE POLICY THAT YOU HAVE PURCHASED IS BEING ISSUED BY AN INSURER THAT IS NOT LICENSED -BY THE STATE OF CALIFORNIA. THESE COMPANIES ARE CALLED "NONADMITTED" OR "SURPLUS LINE" INSURERS. 2. THE INSURER IS NOT SUBJECT TO THE FINANCIAL SOLVENCY REGULATION AND ENFORCEMENT WHICH APPLIES TO CALIFORNIA LICENSED INSURERS. 3. THE INSURER DOES NOT PARTICIPATE IN ANY OF THE INSURANCE GUARANTEE FUNDS CREATED BY CALIFORNIA LAW. THEREFORE, THESE FUNDS WILL NOT PAY YOUR CLAIMS OR PROTECT YOUR ASSETS IF THE INSURER BECOMES INSOLVENT AND IS UNABLE TO MAKE PAYMENTS AS PROMISED. 4. FOR ADDITIONAL INFORMATION ABOUT THE INSURER YOU SHOULD ASK QUESTIONS OF YOUR INSURANCE AGENT, BROKER, OR "SURPLUS LINE" BROKER OR YOU MAY CONTACT THE CALIFORNIA DEPARTMENT OF INSURANCE AT THE FOLLOWING TOLL-FREE TELEPHONE NUMBER 1-800-927-4357. SLA FORM D-2 1/95 o:l+urplmr\D-2.sem _77 STATE= COMPENSATION 1NSLJFtALNC1E- F.UNDf.'7: :' • ��'r'�'.'CERTI OF WORKERS' INSURANCE;,��PENSATION JULY 24 1462186 -. 97 CERT77 1F1cAT8 4 -98 ............ F .. .. . . . CITY OF H U N T I NG T ON lf AC:H�.' RISK MANAGE-ME.NT.....--.- 2000 MAIN STREET, :. HUNTINGTON BE-At.N.: CA 92648 J 0B ;ALL O P.E�R A T 10 N S L This is to certify that we have issued a valid.Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the polic period indicated. This policy is not subject to cancellation by the Fund except upon lw�(days'advance written notice to the employer. 30 We will also give you)k days'advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement,....term, or condition of any contract or other document with respect to which certificate of:.insurance may b r. he insurance:afforded:by the policies y.:J e:ipsued.-P.. may pertain described herein is.subiect to all the termsi exclusions;and conditions of such. fi ies. po IC AUTHORIZED REPRESENTATIVE:. �..:PRESIDENT ss EMPLOYER ' S L I A9 1117 Y LIMIT INCLUDING DEFENSE: .: COSTS 1 ,000 ,Q00 PER OCCURRENCI ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS ' NOTICE EFFECTIVE 04/01 /97 IS ATTACHED TO AND FORMS A PART OF THIS POLICY . EMPLOYER;: .. ...... .......... SEA COUNTRY HOMES, INC -. 3 CORPORATE PLAZA , #1'00 NEWPORT BEACH CA 92660. THIS DOCUMENT HAS A BLUE PATTERNED BACKGROUND SCIF 10262(REV.3-95) RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Approve the Substitution of Bonds and Subdivision Agreement--Tract No. 14979 COUNCIL MEETING DATE: February 2, 1998 __ _ _ _ ......... RCA ATTACHMENTS STATUS . Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Attached Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED .. .. .. .... ... Administrative Staff ( ) ( ) Assistant City Administrator (Initial) ( ) ( ) City Administrator (Initial) City Clerk ( ) ........ .. .................. ........ _ ........ EXPLANATION FOR RETURN OF ITEM: Only)(Below Space For City Clerk's Use RCA Author: Bruce Crosby i • i 6 `. q•e I I � I I CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNT114GTON eeACH Connie Brockway, City Clerk Office of the City Clerk Maybrice Henry Deputy City Clerk II To: a tAvAzo Date: /�a?c3�g� Meeting Date: a2 Agenda Item: IS /dent#/ Proposed City Council Agenda Items: The City Clerk's Office/City Administrator's Office must return your agenda item due to the following requirements that have not been met. When your Agenda Item is ready to resubmit, please return to: Pat Dapkus, Management Assistant, City Administrator's Office. 1. Signature(s)Needed , A On RCA On Agreement C Other 2. Attachments A Missing B Not identified C Other 3. Exhibits A Missing B Not identified C Other 4. Insurance Certificate(Proof Of Insurance) A Not attached B Not approved by City Attorney's Office C Signed form notifying City Clerk that department will be responsible for obtaining insurance certificate on this item.(See form attached) 5. Wording On Request For Council Action(RCA)Unclear A Recommended Action on RCA not complete B Clarification needed on RCA C Other 6. City Attorney Approval Required 7. Agreement Needs To Be Changed A I Page No. 8. Other G:agenda/misd maform CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK CITY CLERK LETTER OF TRANSMITTAL REGARDING ITEM APPROVED BY THE CITY COUNCIL/REDEVELOPMENT AGENCY APPROVED ITEM DATE: 'zf3 k zt/--X- TO: ATTENTION: Name ADO DEPARTMENT: Stre n L��OXZ7 � �f '�`/ C� . 9y76 to D REGARDING: 7/tf(,2% /-O;�7 7 9 City,Stste,Zip See Attached Action Agenda Item Date of Approval 9� Enclosed For Your Records Is An Executed Copy Of The Above Referenced Item For Your Records. Connie Brockway City Clerk Attachments: Action Agenda Page ✓ Agreement ✓ Bonds /Insurance V g g RCA Deed Other Remarks: CC: �oh�5 Lt� - Z Name Department RCA Agreement Insurance Other C�0�5,8 �/ ✓ ✓ Name D artment RCA Agreement Insurance Other Name �T Department /RCA Agreement Insurance Other Risk Management Department Insurance Copy ✓ G:Followup/agrmts/transltr (Telephone:714-536-5227) CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK CITY CLERK LETTER OF TRANSMITTAL REGARDING ITEM APPROVED BY THE CITY COUNCIL/REDEVELOPMENT AGENCY APPROVED ITEM DATE: 1 5&w TO: �,(�,/ -1 C'!�L/GO�t'�Y/f/l�oY1�iPD� �� ATTENTION: Name DEPARTMENT: street ��i�Do.P >�eQ L�J, r�• 9�� 4 REGARDING: 7,-" '%- 17f,777 City,State,Zip See Attached Action Agenda Item _Z Date of Approval o� Enclosed For Your Records Is An Executed Copy Of The Above Referenced Item For Your Records. Connie Brockway City Clerk Attachments: Action Agenda Pa e ✓ Agreement__ Bonds Insurance RCA Deed Other Remarks: CC: Name Department RCA Agreement Insurance Other Name Department RCA Agreement Insurance Other Name Department RCA Agreement Insurance Other Risk Management Department Insurance Copy G:Fol1 owvp/agrmtsAransltr (Telephone:714536-5227)