HomeMy WebLinkAboutTRACT 15549 - WATERFRONT RESIDENTIAL - PLC-LYON WATERFRONT R RECEIVED BY: CITY CLERK RECEIPT COPY
Return DUPLICATE to
F- 10 jrj,A A— City Clerk's Office
(Na after sign ngidati g
1414E/06
(Date)
CITY OF HUNTINGTON BEACH
INTERDEPARTMENTAL COMMUNICATION
TO: Shari Freidenrich, City Treasurer
FROM: 04-C ,
DATE: 142�F, /06
SUBJECT: Bond Acceptance
I have received the bonds for ALC �'- c�1-74<_
(Company Name)
Faithful Performance Bond No.
Labor and Material Bond No.
Monument Bond No.
Maintenance Bond No.
Re: Tract No.
CC No.
MSC No.
Approved Agenda Item No.
(Co "val . _..._.
City Clerk Vault No. �
d
•
#27 g:/follamip/bondleder.doc
City of Huntington Beach
• K P D Box 711 CALIFORNIA 92648
* TELEPHONE 714 536.5200 FAx 714 374.1603
SHARI L. FREIDENRICH
CITY TREASURER
January 30, 2007 CERTIFIED MAIL
St. Paul Travelers Companies, Inc.
300 Arboretum Place
Richmond, VA 23236
To Whom it May Concern:
This is to inform you the City Council of the City of Huntington Beach, on December 18,
2006 approved the release of the following bonds:
Tract# 15549
Faithful Performance Bond No. B34224613
Labor& Material Bond No. B34224613
Monument Bond No. B34224614
We are releasing the bonds and have enclosed the original bonds for your files. 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,
o�
^�
Shari L. Freidenrich, CPA, CCMT, CFMA
City Treasurer
Enclosures
cc: PLC /Lyon Waterfront Residential, LLC
19 Corporate Plaza Drive
Newport Beach, CA 92660
Robert F. Beardsley, Director of Public Works (no attachments)
Joan Flynn, City Clerk (no attachments)
o ,3s
Council/Agency Meeting Held: do
Deferred/Continued to:
App oved ❑ Conditionally Approved ❑ Denied City Pet Ws ignat e
Council Meeting Dater 12/18/2006 Department l umber: PW 06-080
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION'
SUBMITTED TO: HONORABLE MAYOR AND CIT C NCIL MEMBERS
SUBMITTED BY: PEN LOPE C LBRETH GRAFT, MINISTRAT
PREPARED BY: ` ROBERT F. BEARDSLEY, PE DIRECOF PUBL WORKS
SUBJECT: Approve the Release of Securities for Tract No. 15549 (Waterfront
Residential) and Accept the Public Improvements
StatemeE Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue: PLC / Lyon Waterfront Residential, LLC, the builder of Tract No.
15549 (located at the west side of Beach Boulevard, approximately 800 feet north of Pacific
Coast Highway), has completed all required public improvements and is eligible to receive a
release of securities pursuant to the provisions of the Subdivision Map Act. This tract is part
of the Waterfront Residential development.
Funding Source: No funds required for this action.
Recommended Action: Motion to:
1. Accept the improvements constructed and dedicated for public use with Tract No. 15549;
2. Accept Guarantee and Warranty Bond No. B34224613M, the security furnished for
guarantee and warranty of improvements, and instruct the City Clerk to file the bond with
the City Treasurer;
3. Release the Faithful Performance/Labor and Material Bond No. B34224613 and
Monument Bond No; B34224614 pursuant to California Government Code Section No.
66499.7(a);
4. Instruct the City Clerk to notify the builder, PLC / Lyon Waterfront Residential, LLC, of this
action and the City Treasurer to notify the surety, Gulf Insurance Company, of this action;
and
5.` Instruct the City Clerk to record the "Acceptance of Public Improvements with the Orange
County'Recorder.
Alternative Action(s): Deny the recommended action. This action may violate the
Subdivision Map Act.
RECEIVED
'006 DEC -6 PM 2-o 0
P T t `
x � `
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: 12/18/2006 DEPARTMENT ID NUMBER: PW 06-080 `
Analysis: On January 21, 2003, the City Council approved Final Tract Map No. 15549 and
accepted bonds from PLC / Lyon Waterfront Residential, LLC, the securities furnished for
Faithful Performance, Labor and Material and Monuments. The builder, PLC / Lyon
Waterfront-Residential, LLC, has completed the required public improvements, and is
requesting acceptance of the work and release of the faithful performance, labor and material
and monument bonds, pursuant to California Government Code Section 66499.7(a). Public
improvements constructed consist of the domestic water system and appurtenances and the
storm drain system and appurtenances within the private streets.
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. The builder, PLC / Lyon Waterfront Residential, LLC, has
provided Guarantee and Warranty Bond No. B34224613M as security for the one-year
warranty period.
Following is a List of project data:
Developer: The Robert Mayer Corporation
600 Newport Center Drive, Suite 1050, Newport Beach, CA 92660
Builder: PLC / Lyon Waterfront Residential, LLC
19 Corporate Plaza Drive, Newport Beach, CA 92660
Engineer: Fuscoe Engineering, 6390 Greenwich Drive, Suite 170, San Diego, CA 92122
Location: West side of Beach Boulevard, approximately 800 feet north of Pacific Coast
Highway.
Zone: SP-5-CZ (Downtown Specific Plan — District 5 -Coastal Zone)
No. of Acres: 22.6 acres (gross)
No. of Lots` 21 numbered and_28 lettered
Environmental Status: The recommended action is a ministerial act, and is exempt from
the requirements of the California Environmental Quality Act, pursuant to State CEQA
Guidelines, California Administrative Code, Title 14, Chapter 3, Section 15268(b).
Attachment(s):
City Clerk's
Page Number No. Description
1. Acceptance of Public Improvements Form
2. Guarantee and Warranty Bond No. B34224613M
3. Location Map
-2- 11/30/2006 1:36 PM
ATTACHMENT # 1
Recording requested by, Recorded in Official Records, Orange County
and when recorded return to: Tom Daly, Clerk-Recorder
111111111111111111111111111111111111111111111111111111111111111111111111111 NO FEE
Joan L.Flynn,City Clerk
Office of the City clerk 2006000874973 01:05pm 12129/06
CITY OF HUNTINGTON BEACH 203 174 A04 1
P.O.Box 190-2000 Main Street 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Huntington Beach,Ca. 92648 - --
(Space above this line for Recorder's use only)
1�
ACCEPTANCE OF PUBLIC IMPROVEMENTS
(Huntington Beach Zoning and Subdivision Ordinance Section 255.22)
PLEASE TAKE NOTICE THAT on December 18, 2006, 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. 15549.
Public improvements constructed consist of the domestic water system and appurtenances and
the storm drain system and appurtenances.
The Foregoing instrument is the City Clerk's Original Document Reflecting City Council Action Taken at
December 18,2006 City Council Meeting Submitted for Recordation by the Orange County Recorder.
Attest December 27 , 20 06
JDAVLORMW ( Joan L . Flynn )
City Clerk and Ex-officio Clerk of the City Council Of the City of Huntington Beach,California
, g
By Deputy
CITY OF HUNTINGTON BEACH
by; City Engineer
This rnent is sowy for the oMdal
of the City of Wunarplon
Bosch.as contempwod under
Govomont Code sec.6103 and
should b!recorded tree of char".
ATTACHMENT #2
RECEIVED BY: CITY CLERIC RECEIPT COPY
Return DUPLICATE to
City Clerk's Office
(Name) after signing/stating
(Date)
CITY OF HUNTINGTON BEACH
• INTERDEPARTMENTAL COMMUNICATION
TO: Sha i Freidenrich, City Treasurer
FROM: 0—c7t-/c
DATE:
SUBJECT: Bond Acceptance
have received the bonds for 0 iJi7
(company Name)
Faithful Performance Bond No.
Labor and Material Bond No.
Monument Bond No.
Maintenance Bond No.
6aA 7ZF� 9�wq,�U,7 1317-7�az/6 13
Re: Tract No.
CC No.
MSC No.;
p
Approved d Agenda Item No.
(Co ncil A roval Date)
City Clerk Vault No. . ! o
1 �
#27 gAoilowup/hondietter dnc
BOND NO. B34224613M
PREMIUM $n
GUARANTEE AND WARRANTY BOND
WHEREAS, PLC / Lyon Waterfront Residential, LLC as a
Principal,and Travelers Casualty and Surety Company a'
corporation organized under the laws of the State of Connecticut
and duly authorized to do business in the State of California,as Surety,are held and
firmly bound unto the City of Huntington Beach,California,as Obligee,in the penal sum
of Two Hundred Sixteen Thousand Five Hundred and no/100 $216,500.00
Representing 10 percent of the contract price entered into between the Principal and
Obligee,to which payment well and truly to be made we do bind ourselves,and each of
our heirs,executors,administrators, successors and assigns jointly and severally.
WHEREAS,the said principal entered into a contract with said Obligee,dated
December 23, 2002 for work described as follows:
Public Improvements Tract #15549
WHEREAS,said contract provides that the Principal will furnish a bond
conditioned to guarantee and warrant for the period of one year after completion of the
work and acceptance thereof by the Obligee,against all defects in workmanship and
materials during said one-year period.
WHEREAS,said work has been completed,and accepted by Obligee on
December 18,'2006
NOW,THEREFORE,the Principal and Surety,jointly and severally shall
indemnify the Obligee for all loss that the Obligee may sustain by reason of any
defective materials or workmanship,which become apparent during the period of one
year from and after date of completion of work and acceptance thereof by Obligee.
In witness whereof;this instrument has been duly executed by the principal and
surety above named,on August 9 20 06
PLC/Lyon Waterfront Residential. LLC as Principal
MFFRtbQrney
ht3�OG
:_ILCIa��WCI -f �csidlu� aQ (L�.
�� Wo DA+
$ C_C n e.5
By: �l
Travelers Casualty and Surety Company as Surety
By
Fi ra •rney-In-Fact
By;
Christine Cahill, Attorney-In-Fact-
STATE OF CALIFORNIA }
)SS
COUNTY OF ORANGE
ON ,�'l,�'��
Y J-PA 6 BEFORE ME, Roberta M.Kern
A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPREARED
Dann!aBannon AND Christopher C.Gibbs
PERSONALLY KNOWN TO
&V+D&dCE)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.
W ITNES
L
J
SIGNATUREJ MY PRINCIPAL PLACE OF BUSINESS IS
NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY
Roberta M.Kern
(NAME PRINTED) MY COMMISSION EXPIRES - 7 a-0o9
New York O FIM
ROBERTA M.A KERNR
STATE OF CAMFORM } NOTARY PUBLIC CALIFORNIA
} S$ COMMISSION#1541931
COUNTY OFN ` n +u oa° ORANGE COUNTY
My Commission Exp.Jan.T,2009
ON- August9,2006 -,BEFORE ME, Kynko Heshi imn
A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED
Mark Fitzgerald AND Christine Cahill
PERSONALLY KNOWS 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
SIGNATURE4 MY PRINCIPAL PLACE OF BUSINESS IS
NOTARY PUBLIC AND FOR SAID STATE IN Richmond COUNTY
Ky® a aeShI't%nq
r (NAME PRINTED) MY COMMISSION EXPIRES /0 03 -9
IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS
CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be
signed by their Senior Vice Presdent and their corporate seals to be hereto affixed this 9th day of September,2005.
STATE OF CONNECTICUf TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY AND SURETY COMPANY
}SS.Hartford FARMINGTON CASUALTY COMPANY
COUNTY OF HARTFORD
G,9 1
HARMFA X HARTFORD. i 1982 p By
CON
cofti° '�b�`�+vE= ,ar George W.Thompson
Senior Vice President
On this 9th day of September, 2005 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly
sworn,did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the
corporations described in and which executed the above instrument; that he/she knows the Beall of said corporations; that the seals
affixed to the said instrument are such corporate seals;and that he/she executed the said instrument on behalf of the corporations by
authority of his/her office under the Standing Resolutions thereof.
G.Tl7
My commission expires June 30, 2006 Notary Public
Marie C.Tetreault
CERTIFICATE
1, the undersigned, Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA,
TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,stock corporations of
the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority
remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors,as set
forth in the Certificate of Authority,are now in force.
Signed and Sealed at the Home Office of the Company,in the City of Hartford, State of Connecticut. Dated this 9 th day of
August ;20 06
3.HAMM ¢'HARTFOR•.9< 19 8 o
c
CflNN. g � CON .
�-'►7yE
By
Nicholas Seminars
Senior Vice President
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY AND SURETY COMPANY
FARMINGTON CASUALTY COMPANY
Hartford,Connecticut 06183-9062
POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT
KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,
corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford,
County of Hartford,State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these
presents make, constitute and appoint: Christine Cahill, Mark Fitzgerald, Daniel S. Frey, of New York, New York, their true
and lawful Attorneys)-in-Fact,with full power and authority hereby conferred to sign,execute and acknowledge, at any place within
the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of
indemnity,and other writings obligatory in the nature of a bond, recognizance,or conditional undertaking and any and all consents
incident thereto and to bind the Companies,thereby as fully and to the same extent as if the same were signed by the duly authorized
officers of the Companies,and all the acts of said Attorney(s)-in-Fact;pursuant to the authority herein given, are hereby ratified and
confirmed.
This appointment is made under and by authority of the following Standing Resolutions of said Companies,which Resolutions are
now in full force and effect:
VOTED: That the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior;Yice President,any Vice President,any
Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact
and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe
to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in
the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such
appointee and revoke the power given him or her.
VOTED: That the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President
may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is
in writing and a copy thereof is filed in the office of the Secretary.
VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional
undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any
Senior Vice President or any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any
Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary,or(b)duly executed(under seal,if
required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or
by one or more Company officers pursuant to a written delegation of authority.
This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed)under and by
authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY
COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY
COMPANY,which Resolution is now in full force and effect:
VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice
President,any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any
power of attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attomeys-in-Fact for
purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of attorney
or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and
certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or
undertaking to which it is attached.
(02-05)Unlimited
IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS
CASUALTY AND''SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be
signed by their Senior Vice President and their corporate seals to be hereto affixed this 9th day of September,2005.
STATE OF CONNECTICUf TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
}SS.Hartford TRAVELERS CASUALTY AND SURETY COMPANY
FARMINGTON CASUALTY COMPANY
COUNTY OF HARTFORD
1.TY Alva 3
io
.1 ¢ HAflTfORD,p< tl aT19 Tb" p 8
ttRq l GONN, a y 8 2 Y
George W. Thompson
Senior Vice President
On this 9th day of September, 2005 before me personally came GEORGE W. THOMPSON to me known,who,being by me duly
sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the
corporations described in and which executed the above instrument, that he/she knows the seals of said corporations; that the seals
affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by
authority of his/her office under the Standing Resolutions thereof.
My commission expires June 30, 2006 Notary Public
Marie C.Tetreault
CERTIFICATE
I, the undersigned, Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA,
TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,stock corporations of
the State of Connecticut,DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority
remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set
forth in the Certificate of Authority,are now in force.
Signed and Sealed at the Home Office of the Company,in the City of Hartford, State of Connecticut. Dated this 9 th day of
August 120 06
_�p T
0r 9Ml t
HARM2 HARTFORD. 19 8 2�' o
CONN.
t ���� bi ,a y • A By
Nicholas Seminars
Senior Vice President
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY AND SURETY COMPANY
FARMINGTON CASUALTY COMPANY
Hartford,Connecticut 06183-9062
POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEYS)-IN-FACT
KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,
corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford,
County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these
presents make, constitute and appoint: Christine Cahill, Mark Fitzgerald, Daniel S. Frey, of New York, New York, their true
and lawful Attorneys)-in-Fact,with full power and authority hereby conferred to sign,execute and acknowledge,at any place within
the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of
indemnity, and other writings obligatory in the nature of a bond, recognizance,or conditional undertaking and any and all consents
incident thereto and to bind the Companies,thereby as fully and to the same extent as if the same were signed by the duly authorized
officers of the Companies,and all the acts of said Attorney(s)-in Fact,pursuant to the authority herein given, are hereby ratified and
confirmed.
This appointment is made under and by authority of the following Standing Resolutions of said Companies,which Resolutions are
now in full force and effect:
VOTED: That the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any
Second Vice President,the Treasurer, any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact
and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe
to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in
the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such
appointee and revoke the power given him or her.
VOTED: That the Chairman,the President, any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President
may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is
in writing and a copy thereof is filed in the office of the Secretary.
VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional
undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any
Senior Vice President or any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any
Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary,or(b)duly executed(under seal,if
required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or
by one or more Company officers pursuant to a written delegation of authority.
This Power of Attorney and Certificate of Authority is signed and sealed by facsimile(mechanical or printed)under and by
authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY
COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY
COMPANY,which Resolution is now in full force and effect:
VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice.President, any Vice
President,any Assistant Vice President,any Secretary, any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any
power of attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for
purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of attorney
or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and
certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or
undertaking to which it is attached.
(02-05)Unlimited
ST i u wr
TRAVELERS
Assumption of Liability Certificate
Obligee: City of Huntington Beach
Principal: PLC / Lyon Waterfront Residential, LLC
This certifies that, in consideration of the agreements and covenants herein contained
and other good and valuable consideration, Travelers Casualty and Surety Company
hereby assumes liability as Surety under Gulf Insurance Company Bond Number
B34224613M executed and previously filed by Gulf Insurance Company hereinafter
referred tows the Company, in favor of the above-named Obligee.
By issuance of this Certificate,it is agreed:
1. That the liability of Travelers Casualty and Surety Company under said
bond (a) shall be subject to all of the terms, conditions, limitations and
warranties contained in said bond and any amendment thereto or
agreement between the Obligee and the Company affecting the same;
and (b) shall in no event be greater than would have been the liability of
the Company had this Certificate not been issued.
2. That all rights of the Company, which would have been available to the
Company by reason of its suretyship under the aforementioned bond, or,
otherwise, if this Certificate had not been executed, shall inure to the
benefit of and be fully enforceable by Travelers Casualty and Surety
Company
3. This assumption of liability by Travelers Casualty and Surety Company
under the said bond is effective as of the date hereof and the liability of
the Company under the said bond is simultaneously terminated hereby to
the extent that such liability is assumed by Travelers Casualty and Surety
Company.
4. Signed and dated this 9th day of August 2006.
Travelers Casua and Surety Company
By:
ar Fitzgera d, Attom ct
Agent's Copy
Principal's Copy
ST PA U
TRAVELER
PRINCIPAL'S ACKNOWLEDGEMENT
INDIVIDUAL VERFICATION
State of County of
On This day of ,in the year ,before me personally came
to me known,and known to me to be the person(s)who is
(are)described in and who executed the foregoing instrument,and acknowledges to me that he(they)executed the same.
(Signature and title of official taking acknowledgement)
PARTNERSHIP VERIFICATION
State of County of
On This day of ,in the year ,before me personally came
to me known,and known to me to be the person(s)who is
(are)described in and who executed the foregoing instrument,and acknowledges to me that he(they)executed the same.
(Signature and title of official taking acknowledgement)
CORPORATE VERIFICATION
State of County of
On this day of ,in the year before me personally came
to me known,who,being by me duly sworn,deposes and
says that he resides in the City that he is the
of the ,the corporation described in and which executed the foregoing`
Instrument,that he knows the seal of the said corporation;that the seal affixed to the said instrument is such corporate seal;that it
was so affixed by the order of the Board of Directors of said corporation,and that he signed his name thereto by like order.
(Signature and title of official taking acknowledgement)
SURETY COMPANY ACKNOWLEDGEMENT
State of New York ,County of New York on
this 9th day of August ,in the year 2006 before me personally
came Mark Fitz¢erald to me known to be the individual described in and who
executed the foregoing instrument and to be the Attorney-In-Fact of TRAVELERS CASUALTY AND SURETY COMPANY,which is to
me known to be the corporation described in the foregoing instrument,and which,by its said Attorney-In-Fact executed the same,and said
Attorney-In-Fact duly acknowledged to me that he knows the seal of said corporation;that the seal affixed to said instrument is such
Corporate Seal;that it was so affixed by order of the Board of Directors of said Corporation;and that he executed the said instrument
as the acting deed of said TRAVELERS CASUALTY AND SURETY COMPANY,therein described and for the uses and purposes
therein mentioned,by virtue of a certain power of attorney executed by said TRAVELERS CASUALTY AND SURETY COMPANY;
dated August 9,2006 which said power has never been revoked and ' still in f .I force d effect
KYOKOSHNMU HE
Wotwy l�Me•State of Now York Notary Pu blic
01HE613475Y
CueMied in RW
My Comm.E*m OCTOM 03
ATTACHMENT #3
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annNra nW.
Ch
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TM TRACT 15549
O
•
•
Location Map
RCA ROUTING SHEET
INITIATING DEPARTMENT: Public Works
SUBJECT: Approve the Release of Securities for Tract No. 15549
and Accept the Public Improvements
COUNCIL.MEETING DATE: December 18, 2006
RCA ATTACHMENTSSTATUS
Ordinance (w/exhibits & legislative draft if applicable) Attached
edlicabl ElA
Applicable
Resolution (w/exhibits & legislative draft if applicable) Attached ❑
Not Applicable
TractMap, Location Map and/or other Exhibits Attached
Not Applicable ❑
Contract/Agreement (w/exhibits if applicable) Attached ❑
(Signed in full by the City Attorney) Not Applicable
Subleases, Third Party Agreements, etc. Attached ❑
(Approved as to form by City Attorney) Not Applicable
Certificates of Insurance (Approved by the City Attorney) Attached ❑
Not Applicable
Fiscal Impact Statement(Unbudgeted, over $5,000) Attached
Not Applicable
Bonds (If applicable) Attached
Not Applicable ❑
Staff Report (If applicable) Attached ❑
Not Applicable
Commission, Board or Committee Report (If applicable) Attached ❑
Not Applicable
Findings/Conditions for Approval and/or Denial Attached ❑
Not Applicable
�OXPLANATOI,,",', _ -MISSING C � _..
REVIEWER ETU RRNED FRWAIDE
Administrative Staff ( )
Deputy City Administrator(Initial)
City Administrator(Initial) ( ) ( )
City Clerk ( )
EXPLANATION FOR RETURN OF-ITEM:
Space . Only)
RCA Author: Bogart
i, CITY OF HUNTINGTON BEACH
V" 2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
JOAN L. FLYNN
CITY CLERK
December 27,2006
PLC/ Lyon Waterfront Residential, LLC
19 Corporate Plaza Drive
Newport Beach, CA 92660-7904
Re: Release of the Securities for Tract No. 15549---[Acceptance of Public Improvements]
Please be advised that on Monday, December 18, 2006 the City Council of the City of
Huntington Beach took the following action`
E-9. (City Council) Accepted,Public Improvements and Approved the Release of
Securities for Tract No. 15549, the PLC J Lyon Waterfront Residential, LLC, Development
Located at the West Side of Beach Boulevard, Approximately 800 Feet North of Pacific Coast
Highway — 1)Accepted the improvements constructed and dedicated for public use with Tract No.
15549; and 2)Accepted Guarantee and Warranty Bond No.'B34224613M, the security furnished for
guarantee and warranty of improvements, and instructed the City Clerk to file the bond with the City
Treasurer; and 3) Release the Faithful Performance/Labor and Material Bond No. B34224613 and
Monument Bond No. B34224614 pursuant to California Government Code Section No. 66499.7(a);`
and 4) Instructed the City Clerk to notify the builder, PLC/Lyon Waterfront Residential, LLC, of this
action and the City Treasurer to notify the surety, Gulf Insurance Company, of this action; and 5)
Instructed the City Clerk to record the "Acceptance of Public Improvements"with the Orange County
Recorder. Submitted by the Director of Public Works. funding Source: No funds required for this
action.
Sincerely,
Joan L. Flynn
City Clerk
JF: pe
g:/followup/tractlacceptpublicimp-notice.doc
procedure#22
Telephone:714-536-5227