HomeMy WebLinkAboutFinal Tract Map 14347-Being All of TT No 14347-Southridge Ho Council/Agency Meeting Held:
Deferred/Continued to:
)<A'*pproved ❑ Conditionally Approved ❑ Denied #titj Clerk's Sign kure
Council Meeting Date: March 6, 1995 Department ID Number: 95-001
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrator 9
PREPARED BY: LES M. JONES II, Director of Public Works ��-
SUBJECT: Guarantee & Warranty Security Release-Tract No. 14347
Statement of Issue,Funding Source,Recommended Action,Alternative Action,Analysis,Environmental Status,Attachment(s)
Statement of Issue:
One Year has elapsed since the acceptance of improvements for Tract No. 14347. The Subdivider,
Southridge Homes, has requested release of the guarantee and warranty bond which was the
security furnished for guarantee and warranty of improvements.
Fundinq Source:
Not applicable
Recommended Action:
1 Release Guarantee and Warranty Bond No. 3SM 774 579 00-A; the security furnished for
guarantee and warranty of improvements; And,
2. Instruct the City Clerk to notify the developer, Southridge Homes, Inc., of this action, and the
City Treasurer to notify the bonding company, American Motorists Insurance Co., of this action.
Alternative Action(s):
Deny the recommended action
7470 N. FIG A, LOS ANGELES, CA 90041-1091
P.O. BOX 4 5, LOS ANGELES, CA 900"_1091
L O S
& ASSOCIATES (213) 257-8291 FAX (213) 256-7218
AMERICAN MOTORISTS INSURANCE COMPANY
MAINTENANCE BOND
BOND # 3SM 774 579 00-A
PREMIUM: $INCD W/PERBND/1 YEAR(S)
KNOW ALL MEN BY THESE PRESENTS:
That SOUTHRIDGE HOMES
as Principal , and AMERICAN MOTORISTS INSURANCE COMPANY a corporation
organized and existing under the laws of the State of Illinois and duly
authorized to transact a general surety business in the State of CALIFORNIA
hereinafter called the Surety, are held and firmly bound unto
CITY OF HUNTINGTON BEACH
in the sum of SIXTEEN THOUSAND THIRTY AND N01100
( $16,000 .00 ) dollars, lawful money of the United States of America,
for the payment of which sum well and truly to be made, we bind ourselves,
our heirs, executors, administrators, successors and assigns, jointly and
severally, firmly by these presents.
SEALED with our seal and dated this 23RD day of NOVEMBER, 199.3
WHEREAS, on the XXXXX day of XXXXXXXXXXX, 19XX, the said Principal
entered into an agreement to the Obligee for MAINTENANCE FOR ONE YEAR
TRACT 14347
WHEREAS, under the terms of the specification for said work, the said
Principal is required to give bond or maintenance to protect the said
Obligee against the result of faulty materials or workmanship for a period
of ONE year( s) from and after the date of completion and acceptance of
same.
'VOW, THEREFORE, If the said Principal for a period of ONE year(s ) from
and after the date of completion and acceptance of same by said Obligee,
replace any and all defects in said work resulting - from defective materials
or defective workmanship, then the above obligation to be void; otherwise
to remain in full force and effect.
SURETY:
AMERICAN M TORISTS INSURANCE COMPANY
i
BY:
4IN KELLER
ATTORNEY IN FACT
PRINCIPAL:
SOUTHRIDGE HOMES
BY: i
DIRECT ALL CORRESPONDENCE TO: j
LOU JONES & ASSOCIATES
7470 N. FIGUEROA STREET
LOS ANGELES, CA 90041
-257-8291 ---
" PCnow"'"All Men By These Presen s: "
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
Kipt. n Keller of Los Angeles, California ******
its true and lawful agent(s) and attorney s)-in-tact, to make; execute, seal, and deliver during the period
beginning with the date of issuance of this power and ending December 31, 1994, 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 undertaking exceeds
FIVE HUNDRED THOUSAND DOLLARS ($500,000.00)""
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 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, 1994.
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 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:
"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 31 day of August , 1992 .
Attested and Certifled: AMERICAN MOTORISTS INSURANCE COMPANY
F.C.McCullough, Secretary by J.S.Kemper,III,Senior Vice President
(OVER)
I
�COUNTYvOF LAKE SS -
I, Marilyn L. Riley, a Notary Public, do hereby certify that J. S. Kemper, III and F. C. McCullough personally known
to me to be the same persons whose names are respectively as Senior 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 thersunto 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.
ry commission expires: 4-9-96 ��������`.����' Mar y L. Riley; Motery Pub c
"OFFICIAL SEAL"
/ Marilyn L Riley /
1 Notary Public, State of Illinois /.
/ My :ommissicn Expires 419196
CERTIFICATION
I, N. J. Zarada, Secretary of the American Motorists Insurance Company, do hereby certify that the attached Power
of Attorney dated August 31, 1992 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 F. C.
McCullough who executed the Power of Attorney as Senior Vice President and Secretary respectively were on the date
of the execution of the attached Power of Attorney the duly elected Senior Vice President and Secretary of the
American Motorists Insurance Company.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and of ad the corporate seal of the American
V l3 I � >
Motorists Insurance Company on this day of , 19
11.J.Zarada, 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.
FM 836-5 6-92 1M PRINTED IN U.S.A.
Power of Attorney - Term
r STA*NT OF ACTION OF THE CITY COUN&
Council Chamber, City Hall
Huntington Beach, California
January 6, 1994
Mayor Moulton-Patterson called the regular meeting of the City Council of the City of
Huntington Beach to order at 6:30 P.M.
Present: Bauer, Robitaille, Moulton-Patterson, Winchell , Leipzig, Sullivan
. Absent: Silva
CONSENT CALENDAR - (ITEM APPROVED)
On motion by Leipzig', second Bauer, the following item was approved as 'recommended, by
the following roll call vote:
AYES: Bauer, Robitaille, Moulton-Patterson, Winchell , Leipzig, Sullivan
NOES: None
ABSENT: Silva
NOTICE OF COMPLETION - TRACT NO. 14347 - SOUTHRIDGE HOMES - Accepted improvements
dedicated for public use in Tract No. 14347 located E/S Holly Street, authorized the
release of the Faithful Performance Bond, the Monument Bond, accepted the Guarantee and
Warranty Bond and instructed the City Clerk to notify the Developer, and the City
Treasurer to notify the bonding company of this action.
Mayor Winchell adjourned the regular meeting of the City, Council of the City of
Huntington Beach at 9:30 P.M. to Tuesday, January 18, 1994 at 5:00 P.M. in Council
Chamber, Civic Center, Huntington Beach, CA 92648.
Connie Brockway
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
ATTEST:
Connie Brockway Grace Winchell
City Clerk Mayor
STATE OF CALIFORNIA )
County of Orange ) ss:
City of Huntington Beach)
I, Connie Brockway, the duly appointed and . qualified City Clerk of the City of
Huntington Beach, California, do hereby certify that the above and foregoing is a true
and correct Statement of Action of the City Council of said. City at their regular
meeting held on the 3rd day of January, 1994.
Witness my hand and seal of the said City of Huntington Beach this the 6th day of
January, 1994.
Connie Brockway
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
By
Deputy
1179K/1489K __�--
RE UESP FOR CITY COUNCE ACTION
.. Q
Date: January 3, 1994
Submitted to: Honorable Mayor and City Council
Submitted by: Michael T. Uberuaga, City Administrat r
Prepared by: Louis F. Sandoval, Director of Public Work APPROVED$y CI�'Y ®I1IYCIL
Subject: NOTICE OF COMPLETION; TRACT NO. 14347 /- 3
19
Consistent with Council Policy? [XI Yes C CL Statement of Issue,Recommended Action,Analysis,Funding Source,Alternative Action,Attac]��ents----
STATEMENT OF ISSUE:
Southridge Homes has completed all required public improvements for Tract No. 14347 and is requesting a
release pursuant to the provisions of the Subdivision Map Act.
RECOMMENDED ACTION:
1. Accept the improvements constructed and dedicated for public use with Tract No. 14347;And,
2. Release bond no's 3SM 774 579 00, 3SM 774 579 00 and 3SM 774 578 00 ;the securities furnished for
faithful performance, labor and material and monuments respectively;And,
3. Accept bond no. 3SM 774 579 00-A;the security famished for guarantee and warrantee of
improvements;And,
4. Instruct the City Clerk to notify the developer, Southridge Homes, of this action, and the City Treasurer
to notify the bonding company,American Motorists Insurance Co., of this action.
ANALYSIS:
The City Council, on April 6, 1992, approved Final Map No. 14347 and accepted bonds for faithful performance,
labor and material and monuments. The developer has completed all required public improvements and is
requesting acceptance of the work and release of the securities pursuant to Calif. Government Code Section
66499.7. The City Engineer has determined that the improvements have been constructed in substantial
compliance with the approved plans and specifications, and recommended acceptance of the improvements. Calif.
Government Code Section No. 66499.3 (d) requires that security for the guarantee and warrantee of the
improvements be posted upon acceptance of the public improvements. The developer has provided guarantee &
warrantee bond no. 3SM 774 579 00-A as security.
r *QUEST FOR COUNCIL ACTI0
MEETING DATE: March 6, 1995 DEPARTMENT ID NUMBER: 95-001
Analysis:
The City Council, on January 4, 1994, accepted the improvements constructed and dedicated for
public use within Tract No. 14347 and also accepted Guarantee and Warranty Bond No. 3SM 774
579 00-A; the security furnished for guarantee and warranty of 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, and that the security remain
in affect for one year. Public improvements constructed consist of paving, curbs and gutters,
sidewalks and street lights within Holly St., the perimeter street adjacent to the tract boundary. The
public water lines and appurtenances are located within the interior private streets.
The one year period 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:
Subdivider: Southridge Homes, 5362 Oceanus Dr., Huntington Beach, Ca. 92648
Engineer: Emerald Engineering, 18860 Main St., Huntington Beach, Ca. 92648
Title Co.: Orange Coast Title Co., 640 N. Tustin Ave., Santa Ana, Ca. 92705
Location: East side of Holly St., south of Main St.
Lots: 1
Acreage: 1.288
Zone: R2
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, Cal.
Admin. Code, Title 14, Chapter 3, Section 15268 (b).
Attachment(s):
NumberCity Clerk's
Page
1 Location Map
Document1 -2- 02/14/95 2:25 PM
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ATTACHMENT NO. 1
TR . 14347 LOCATION MAP
CITY OF HUNTINGTON BEACH
DEPARTMENT OF PUBLIC WORKS
g:\crosby\tr-14347.dwg
RCA ROUTING SHEET
INITIATING DEPARTMENT: Public Works
SUBJECT: Guarantee & Warranty Security Release-Tract
No. 14347
COUNCIL MEETING DATE: March 6, 1995
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 Attome Not Applicable
Subleases, Third Party Agreements, etc.
(Appoved as to form by City Attorney) Not Applicable
Certificates of Insurance (Approved by the City Attorne ) 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
EXPLANATIO>N FOR MISSING ATTACHMENTS
REVIEWED RETURNED FORW DA DED
Administrative Staff
Assistant City Administrator Initial +�
City Administrator Initial
City Clerk
EXPLANATION FOR RETURN OF ITEM
SpaceOnly)
STATEMENT OF ACTION OF THE CITY COUNCIL
Council Chamber, Civic Center
Huntington Beach, California
Monday, March 6, 1995
A videotape recording of this meeting
is on file in the Office of the City Clerk.
Mayor Leipzig called the regular meetings of the City Council and the Redevelopment Agency of
the City of Huntington Beach to order at 5:00 p.m.
CITY COUNCIUREDEVELOPMENT AGENCY ROLL CALL
PRESENT: Sullivan, Leipzig, Dettlogg, Green, Garofalo, Harman
ABSENT: Bauer
CONSENT CALENDAR--(ITEM APPROVED)
On motion by Leipzig, second Sullivan, the following item was approved as recommended, by the
following roll call vote:
TRACT NO. 14347 - RELEASE OF GUARANTEE &WARRANTY BOND SOUTHRIDGE HOMES,
INC. - Released Guarantee and Warranty Bond No. 3SM774579 00-A; the security furnished for
guarantee and warranty of improvements for Tract No.-14347 and instructed the City Clerk to
notify the developer, Southridge Homes, Inc., of this action, and the City Treasurer to notify the
bonding company, American Motorists Insurance Company, of this action.
Mayor Leipzig adjourned the regular meetings of the City Council and the Redevelopment Agency
of the City of Huntington Beach.
/s/Connie Brockway
City Clerk and ex-officio Clerk of
the City Council of the City of
Huntington Beach, California
w . ..
Page 2 - Statement of Action
ATTEST:
/s/Connie Brockway /s/Victor Leipzig
City Clerk/Clerk Mayor
STATE OF CALIFORNIA )
County of Orange ) ss:
City of Huntington Beach )
I, Connie Brockway, the duly elected City Clerk of the City of Huntington Beach, California, do
hereby certify that the above and foregoing.is a true and correct Statement of Action of the City
Council of said City at their regular meeting held on the 6th day of March, 1995.
Witness my hand and seal of the said City of Huntington Beach this the 10th day of March, 1995.
/s/Connie Brockway
City Clerk and ex-officio Clerk of
the City Council of the City of
Huntington Beach, California
B
Deputy City Clerk
NOTICE OF COMPLIANCE WITH CONDITIONS ON TRACT/PARCEL MAP
AUTHORIZATION FOR RELEASE FOR RECORDING
TO: City Clerk Date: ��� 9-2-�
FROM: COMMUNITY DEVELOPMENT
Michael C. Adams
TRACT NO. l q 3 ! 1
PARCEL MAP NO.
RECREATION & PARK FEES PAID ( I I I
OTHER
W—Mioael C. Adams
NOTICE OF ON,PLETION WITH CONDITIONS *TRACTS
i
AUTHORIZATION FOR RELEASE FOR RECORDING
TO : CITY CLERK DATE :
FROM : PUBLIC WORKS DEPARTMENT
Bruce Crosby
TRACT NO. DEVELOPER
CONDITIONS : Date
Deposit of fees for water, sewer, , - 2 Z
drainage, engineering and inspection
Bond for. Improvement . . . . . . . . . 1p�Z
Signature of Agreement . . . . . . . Z
Certificate of Insurance . . . . . 2j
Bond for Monuments . . . . . . . Z
Labor & Material Bond . . . . . . . Z
Other :
Signa ure
I have received Maintenanna RandA
for Southridge Homes, Trart Mn 14147
on behalf of the Treasurer's Office.
Dated
By:
'.Regx�Est for City Council Action • •
Tract No. 14347
January 3, 1994
Page 2
Following is a list of project data:
Subdivider: Southridge Homes, 5362 Oceanus Dr., Huntington Beach, Ca. 92648
Engineer: Emerald Engineering, 18600 Main St.,Huntington Beach, Ca. 92648
Title Co.: Orange Coast Title Co., 640 N. Main St., Santa Ana, Ca. 92705
Location: East side of Holly St., south of Main St.
Lots: 1
Acreage: 1.288
Zone: R2
ATTACHMENTS:
(a)Location Map
(b)Bond No. 3SM 744 579 00-A
LFS:REE:BPC:bpc
14347.DOc
1
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CITY OF
HUNTINGTON BEACH
ORANGE COUNTY, CALIFORNIA
USE OF PROPERTY MAP
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LOCATION MAP
I.44 CITY OF HUNTINGTON BEACH
T 2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
April 16, 1992
Southridge Homes
5362 Oceanus Drive
Huntington Beach, CA 92648
Gentlemen:
The City Council of Huntington Beach, at its regular
meeting held Aril 6 1992 ,
approved the Subdivision Agreement for Tract No.14347 .
We are enclosing herewith a duly executed copy for your
files.
Sincerely,
Connie Brockway
City. Clerk
CB: bt
Enclosure
(Telephone:714-536.5227) /
SUBDIVISION AGREEMENT BY AND BETWEEN
THE CITY OF HUNTINGTON BEACH AND
SOUTHRIDGE HOMES
FOR TRACT NO. 14347
SECTION PAGE
1 GENERAL STREET CONSTRUCTION 2
2 ARTERIAL HIGHWAY IMPROVEMENT 3
3 GUARANTEE 3
4 FAITHFUL PERFORMANCE AND SECURITY 3
5 INDEMNIFICATION, DEFENSE, HOLD HARMLESS 3
6 WORKERS' COMPENSATION INSURANCE 4
7 INSURANCE 5
8 CERTIFICATES OF INSURANCE; ADDITIONAL
INSURED ENDORSEMENTS 6
I
SUBDIVISION AGREEMENT BY AND BETWEEN
THE CITY OF HUNTINGTON BEACH AND
SOUTHRIDGE HOMES
FOR TRACT NO. 14347
THIS AGREEMENT is entered into this 16th. day
of April 1992, by and between the CITY OF HUNTINGTON
BEACH, a municipal corporation of the State of California,
hereinafter referred to as "CITY, " and SOUTHRIDGE HOMES, a
California unlimited partnership, 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. 14347; 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 labor .and material in connection therewith, and
for the guarantee and warranty of the work for a period of one
-1-
(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 Government Code of
the State of California, and Article 997 of CITY' s ordinance code.
NOW, THEREFORE, in consideration of the promises and
agreements of the parties as herein set forth, the parties agree
as follows :
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; street
lights; 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-
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.
4 . FAITHFUL PERFORMANCE AND SECURITY
In accordance with Huntington Beach Ordinance Code (HBOC)
Article 997, upon execution hereof SUBDIVIDER shall deposit with
the City Treasurer the sum of One Hundred Sixty Thousand and
no/100 Dollars, ($160,000.00) as prescribed by HBOC Section 9970,
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
-3-
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.
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 covenants 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.
SUBDIVIDER shall require all subcontractors to provide such
Workers ' Compensation Insurance for all of the subcontractors '
-4-
employees. SUBDIVIDER shall furnish to CITY a certificate of
waiver of subrogation under the terms of the Workers ' Compensation
Insurance and SUBDIVIDER shall similarly require all
subcontractors to waive subrogation.
7 . INSURANCE
SUBDIVIDER shall carry at all times incident hereto, on
all operations to be performed hereunder, general liability
insurance, including coverage for bodily injury, property damage,
products/completed operations, and blanket contractual liability.
Said insurance shall also include automotive bodily injury and
property damage liability insurance. All insurance shall be
underwritten by insurance companies in forms satisfactory to CITY
for all operations, subcontract work, contractual obligations,
product or completed operations and all owned vehicles and
non-owned vehicles . Said insurance policies shall name the County
of Orange, the CITY and its officers, agents and employees, and
all public agencies as determined by the CITY as Additional
Insureds . SUBDIVIDER shall subscribe for and maintain said
insurance in full force and effect during the life of this
Agreement, in an amount of not less than One Million Dollars
($1, 000, 000) combined single limit coverage. If coverage is
provided under a form which includes a designated aggregate limit,
such limit shall be no less than One Million. Dollars ($1, 000, 000) .
In the event of aggregate coverage, SUBDIVIDER shall immediately
notify CITY of any known depletion of aggregate limits .
SUBDIVIDER shall require its insurer to waive its subrogation
rights against CITY and agrees to provide certificates evidencing
the same.
-5-
8 . CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS
Prior to commencing performance of the work hereunder,
SUBDIVIDER shall furnish to CITY certificates of insurance subject
to approval of the City Attorney evidencing the foregoing
insurance coverages as required by Sections 6 and 7 herein; said
certificates shall provide the name and policy number of each
carrier and policy, and shall state that the policy is currently
in force and shall promise to provide that such policies will not
be cancelled or modified without thirty (30) days prior written
notice to CITY. SUBDIVIDER shall maintain the foregoing insurance
coverages in force until the work under this Agreement is fully
completed and accepted by CITY.
The requirement for carrying the foregoing insurance
coverages shall not derogate from the provisions for
indemnification of CITY by SUBDIVIDER under Section 5 of this
Agreement. CITY or its representative shall at all times have the
right to demand the original or a copy of all said policies of
insurance. SUBDIVIDER shall pay, in a prompt and timely manner,
the premiums on all insurance hereinabove required.
A separate copy of the additional insured endorsement to each
of SUBDIVIDER' S insurance policies, naming the CITY, it.s officers
and employees as Additional Insureds shall be provided to the City
Attorney for approval prior to any payment hereunder.
REST OF PAGE NOT USED
-6-
f mot`. • •
IN WITNESS WHEREOF, the parties hereto have executed this
agreement the day and year first above written:
SUBDIVIDER: CITY OF HUNTINGTON BEACH
SOUTHRIDGE HOMES, a
California unlimited partnership
By. b.$. Products, Inc. , a .
California Corporation, Mayor
,Ze1 Partner
1
P e ident
Pcretary
By: Ke'lter Corporation, a
California corporation,
General Partner
J
President
Secretary
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney t'•rr
REVIEWED AND APPROVED: NITIATED A APPROVED:
City Administrator DirecOr of Public Works
-7-
d ��Yi`_ f;/tTr�,;,11.;LJU;Y�'�
it/4/91 (jij)_
PRODUCER 1 I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIOWONLY AND CONFERS
s if NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DUES NOT AMEND,
DAMES ECONN & CO, INSURANCE EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES OFLOW. —
3055 WILSHIRE BOULEVARD COMPANIES AFFORDING COVERAGE
LOS ANGELES, CALIFORNIA 90010
(113) 386.3131 ,^O1,,PANv �
LETTEf: Scot tsda.le Insurance Company
COMPANY
INSURED LETTER ® CNA/COntine.nral Casualty CO,
COMPANY Fremont Compensation In5, Co,
Southridge Homes, et al LETTER
r 5362 Oceanus Drive, Suite "A" COMPANY ® -- -- —
Huntington Beach, CA. 92649 LETTER
COMPANY
LETTER
e c
THIS 19 TO CERTIFY THAT POLICIES OF INSURANCE LISTLD BELOW HAVE BEEN ISSUED TO THE INSUFEU NAMED ABOVE.FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH T111$CERTIFICATE MAY
BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT 10 ALL THE TERNS, EXCLUSIONS,AND CONDI-
TIONS OF SUCH POLICIES.
CO %ULICY Ef�tCINt POLICY EY u LIABILITY LIMIT,,' IN THOUSANDS,
GoLTR TYPE OF INSURANCE POLICY NUMBER 'OLIVAt [Fu 1 m•} M:nontil K
rXa,l�ftPE'�CE ADCFlEGATL-
GENERAL LIABILITY U00ILY
A X COMPREHENSIVE FORM GLS400227 f1/91 INJURY � — _ $
PREIASESJOPERATIONS 7�1� 1�1/1/9 2 �En Y
UNDERGROUND / DAMAGE $
EXPLOSION d rOI.LAPSE HAZARD 1
k PRODUCTIMMPLETEO OPFRATIONS
BI L PD r� L
x CONTRACTUAL. COMBINED 1 OO ].O 11000
VOO
X INDEPENDENT CONTRACTORS F$ 1-
BROAD FORM PROPERTY DAMA'aRY PERSONAL INJURY O00 `
I
AUTOMOBILE LIABILITY Iy f
I IHJLVY
B ANY AUTO $UA7$86514 1.T/1/91 11/1/92 ,l.•„,.
Ip aTs''I
ALL OVINED AUTOS(NHIV. PASS) LSOJItY '
INJIFY
`i ALL OWNED AUTOS/T)THFN IIIANI Lp-ayy_�
1PRIv PASS./ AP?POVEJ .S TO 'r'ORX:
,i x HIRED AUTOS
aRDrenTv
NON-OWNED AUTOS
GAIL iili'f T P1, City Att rney DAMAGE. : $
GFuRAGE LIABILITYBy: Depu'y icy Attorney
A.A PU I
r.OMgwtD $ 1,000
I
I EXCESS LIABILITY
UMBRELLA IORM I 81 a PO
COMBINED $ $
OTHER THAN UMBRELLA TORM
—• STATUTORY........
WORKERS' COMPENSATION iFACH ACCIUE:Vn —
r
.• AND [TP9I-462744-05 1.0/31/91 10/
31/92 g (R;:3L1ti_f. POLLL;Y LIMIT)
EMPLOYERS' LIABILITY
$ Q00(E)ISEASE-EACHEGdPIOYEGj
OTHER
DESCRIPTION OF OPERATLONSILOCATIONSNEHICI.ESI;VF,CIAL ITEMS Certificate Holder is hereby named as an additional
insured for general liability as respects their interest in all operations of the named
insured.
r. - •
' cep s or non—payment o rem um.
City of Huntington Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EX-
PIRATION DATE THEREOF, THE ISSUING COMPANY WILL}tt4Nf. ){TjQ
2000 Main Street MAIL 30* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
Huntington Beach, CA, 92648 LEFT. ox>x� c �cemxar
Qi�lQ'JZ4Mft�d}E'1D}II9'1dR� St�Rtisfjj�_ _ 8>�>k1�4KR;_ j
AUTHORIZED REPRE:SENTATIV
Atsn: Julie Fittery
Risk Tianement Division JAMES FCONN & CO.
a V
.—.-_..e�...r.r.�..ar.�-._,:..-_ .._.__.•,l•.'.:-a•:•:��:�<:'a-.;•:..�_.'Y•l•a!/slr 7.'-"---. .. . .. a ..._. .. _ Irv,-V.... .'S._ X_ .-J\:..I. KY. TA4Ff-^ _
CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
April. 10, 1992
Orange Coast Title
640 N. Tustin Avenue
Santa Ana, CA 92705
Attention: Subdivision Officer
I�
RE: Tract Map No. 14347 .
This is to inform you that all fees have been paid and conditions
met on the above named tract. You are free to record same at your
convenience.
After recording, please return two prints of the Tract Map to Bruce
Crosby, Department of Public Works, P.O. Box 190, Huntington Beach,
California 92648.
Connie Brockway
City Clerk
CB:bt
Enclosure J
Received by
Dated Z-
(Telephone:714-536.5227)
REQUEST FOR CITY COUNCIL ACTION
Date Apri , 1992
Submitted to: Honorable Mayor and City Council
Submitted by: Michael T. Uberuaga, City Administrator( i
Prepared by: Michael Adams, Director, Community Developm
Subject: FINAL TRACT MAP 14347, BEING ALL OF TENTATIVE TRACT
NO. 14347, AND BONDS AND AGREEMENTS FO APPROVED BY CITY COUNCIL
Consistent with Council Policy? Yes G 19.�
y. [ ] New Policy or Exception
Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Artwons1
STATEMENT OF ISSUE:
The final map of Tract No. 14347 being all of Tentative Tract No.
14347, located on the eastside of Holly Street, south of Main
Street, has been submitted to the City Council for approval .
RECOMMENDATION:
Motion to:
"Approve Final Tract Map No. 14347 pursuant to the required findings
set forth in Section 66458 of the Government Code with the following
requirements : "
1. Final Tract Map No. 14347 is in substantial compliance with the
previously approved tentative map pursuant to the mandatory
findings established by the Planning Commission as set forth by
Section 66474 of the Government Code; and
2 . Accept the offer of dedication and improvements subject to
completion of requirements shown on the tentative map; and
3 . Instruct the City Clerk to not affix her signature to the map
nor release it for preliminary processing by the County of
Orange or for recordation until the following conditions have
been complied with:
a . A deposit of fees for water, sewer, drainage, engineering
and inspections shall be provided;
b. A Certificate of Insurance shall be submitted;
c. Subdivision Agreement;
i
I
P10 5/85
d. Drainage for the subdivision shall be approved by the
Department of Public Works prior to recordation of the
final map.
e. The Declaration of Covenants, Conditions and Restrictions
shall be reviewed and approved by the Department of
Community Development and approved as to form by the City
Attorney prior to recordation of the final map.
f. The Park and Recreation fees shall be paid prior to the
City' s release of the map for recordation.
4 . Accept the following bonds and instruct the City Clerk to file
them with the City Treasurer.
a . Faithful Performance Bond No. 3SM 774 579 00
b. Labor and Material Bond No. 3SM 774 579 00
c. Monument Bond No. 3SM 774 578 00
5 . Accept the subdivisi-on agreements and instruct the City Clerk
to file one copy and return the second to the subdivider.
ANALYSIS•
SUBDIVIDER: Southridge Homes
5362 Oceanus Drive
Huntington Beach, CA 92648
ENGINEER: Emerald Engineering
18600 Main Street, Ste. 160
Huntington Beach, CA 92648
LOCATION: Eastside of Holly Street, south of Main Street
ACREAGE: 1.288 net
LOTS: 1
NO. OF UNITS: 20
ZONE: R2
GENERAL PLAN: Medium Density Residential
RCA 4/6/92 -2- (2797d)
DISCUSSION:
The map has been examined and certified by the Director of Public
Works and the Secretary to the Planning Commission as being
substantially in accordance with the tentative map as filed with,
amended and approved by the Planning Commission.
ENVIRONMENTAL STATUS:
This action to accept Final Map No. 14347 is exempt from the
requirements of the California Environmental Quality Act, Section
15268(b) .
On November 6, 1990 the Planning Commission approved Negative
Declaration No. 90-27 for the proj-ect itself.
FUNDING SOURCE:
Not applicable.
ATTACHMENTS:
1 . Area map
2. Subdivision Agreement
3 . Monument Bond
4 . Faithful Performance Bond
5 . Labor and Material Bond
MTU:MA:WC: lp
RCA 4/6/92 -3- (2797d)
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I
1
• I
FT 14347
HUNTINGTON BEACH
HUNTINGTON BEACH PLANNING DIVISION
i
BON 1) NO 13SM 774 579 00
PREMIUM $3,200.00/2yr
•
FAITHFUL PERFORMANCE BOND
WHEREAS, the City Council of the City of Huntington Beach, State
of California, and SOUTHRIDGE HOMES
(hereinafter designated as "Principal") have entered into an agreement whereby
principal agrees to install and complete certain designated public improvements,
which said agreement, dated 19 and identified as
T.T.14343/C.U.P. 90-35 HOLLY STREET
project SOUTH OF RAIN STREET is hereby referred to and made a part hereof;
and
WHEREAS, aid principal is required under the terms of said agree-
ment to furnish a bond for the faithful performance of said agreement.
Now, therefore, we�the principal and AMERICAN MOTORISTS INSURANCE COMPANY
as surety, are held and firmly bound unto the City of Huntington Beach hereinafter
called "City", in the penal sum of ONE HUNDRED SIXTY THOUSAND DOLLARS & N0/100
dollars ( $160,000.00 ) 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
covenants, conditions 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.
et
Faith*Performance Bond •
Page 2
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.
The surety hereby stipulates and agrees that no change, extension
of time, alteration or addition to the terms of the agreement or to the work to
be performed thereunder or the specifications accompanying the same shall in
anywise affect its obligations on this bond, and it does hereby waive notice of
any such change, extension of time, alteration or addition to the terms of the
agreement or to the work or to the specifications.
In witness whereof, this instrument has been duly executed by the
principal and surety above named, FEBRUARY 20th 19 92
1-790xrolfiGE HOMES as Principal
9
B
i
AMERI AN a0OR)1 TS IN URANC )COMPANY as Surety
By `
i
E3y WILLIAM E. PITTS. ATTORNEY IN FACT
BOND NO. 3SM 774 579 00
i
The Premium for this Bond is: $3,200.00
APPROVED AS TO FORt{:
Gl.IL HUTTOIi, City Attornay
By: D uty�C3�ty Atto n.eY
�. • *ND NUMBER #3SM 774 579 00
pRI.•MI1JM $3,200.00/2yr
LABOR AND MATERIAL BOND
WHEREAS, the City Council of the City of Huntington Beach, State of
California, and SOUTHRIDCE HOMES (hereinafter
designated-as "Principal") have entered into an agreement whereby principal
agrees to install and complete certain designated public improvements, which
said agreement, dated 19 and identified as project
T.T. 14347/C.U.P. 90-35
HOLLY STREET, SOUTH OF MAIN STREET 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 con-
tractors, subcontractors, laborers, materialmen and other persons employed in
the performance of the aforesaid agreement and referred to in the aforesaid
Code of Civil Proceedure in the sum of ONE HUNDRED SIM THOUSAND dollars
( $160,000.00 ) 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 tie awarded
and faxed by the court, and to be taxed as costs and to be included in the
judgment therein rendered.
It is hereby expressly stipulatcd and agreed that this bond shall inure
to the henefit of any and all pnrsnns, companies and corporations entitled to
file claims under Title 15 (conunencing with Section 3082) of Part 4 of Division 3 <
Lae and Material Bond • Page 2
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 speci-
fications accompanying the same shall in any manner affect its obligations
on this bond, and does hereby waive notice of any such change, extension,
alteration or addition.
IN WITNESS WHEREOF, this instrument has been duly executed by the
principal and surety above named, on AunxnAuv 2nth 19 92
I
SOUTHRIDGE HOMES , .as Principal
---- By:. SQiL�G� �,/rl/L
i
IC OT0 ISTS IN URANCE OMPANY , as Surety
n
By:
i
By: WILLIAM E. PITTS, ATTORNEY IN FACT
APPROVED AS TO FORM:
GAIL HUTTON, City Attorney
By: Deputy City Attorney
l
AMERICAN MOTORISTS INSU&CE COMPANYnVanaL
•
Hbme Of`iIce: Long Grove, IL 60049 AURan
e
comPames
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
David Z. Noddle and William E. Pitts of Los Angeles,
California (EACH)
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, 1992, 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 undertakin exceeds ONE MILLION
DOLLARS ($1,000,000.00)
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 tiinding 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, 1992.
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:
"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 15 day of August , 1990 .
Attested and Certified: \ AMERICAN MOTORISTS INSURANCE COMPANY
F.C.McCullough, Secretary by J.S.Kemper,III,Sanior Vice President
(OVER)
STATE OF ILLINOIS SS
COUNTY OF LAKE
I, Grace E. Condon, a Notary Public, do hereby certify that J. S. Kemper, III and F. C. McCullough personally known
to me to be the same persons whose names are respectively as Senior Vice President and Secretary of the American
Motorists Insurance Company, a Corporation of the State of Illinois, subscribed to the foregoing instrument,
appeared before as 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.
My commission expires: 5-14-94 Grace E.-Condon, Notary Public
/ "OFFICIAL SEAL" ►
1 Grace E. Condon
1 Notary Public, State of Illinois ►
` My Commission Expires 5J14194 /
CERTIFICATION
I, N. J. Zarada, Secretary of the American Motorists Insurance Company, do hereby certify that the attached Power
of Attorney dated August 15, 1990 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 F. C.
McCullough who executed the Power of Attorney as Senior Vice President and Secretary respectively were on the date
of the execution of the attached Power of Attorney the duly elected Senior Vice President and Secretary of the
American Motorists Insurance Company.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the American
Motorists Insurance Company on this .E F R 2 0 lmday of , 19
l l
N.J.Zarads, 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.
fM 836-5 5-90 1M PRINTED IN U.S.A.
Power of Attorney - Term
�. MONUMEN01BOND
Bond N 3SM 774 578 00
Premium $100.00
KNOW ALL MEN BY THESE PRESENTS:
That SOUTHRIDGE HOMES
as subdivider of Tract No. 14347 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
s
will be set in the positions indicated on or before the date specified in said certifi-
. 1,
Cate:
That said . SOUTHRIDGE HOMES
(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 $ ONE THOUSAND DOLLARS NO/100
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 20th
day of_ February 19 92
y rLNES as Principal
By: elm
�I GCIS
ByAM
a
i OT ISTS IN _ CE OMPANY as Surety
By: � ��11
By: WILLIAM E. PITTS, ATTORNEY IN FACT
APPROVED AS TO FORM:
GAIL BUTTON. City Attorney
y By: Deputy City Attorney 3-4-qL
I
AMERICAN MOTORISTS INSU/NCE COMPANYnaTionaL
. ^
Home Office insui
: Long Grove, IL 60049 n
msuaance
"z companes
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
David Z. Noddle and William E. Pitts of LOS .A*gel*e,
California (EACH)
its true and lawful agent(s) and atiorney(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, 1992, 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 exceeds ONE MILLION
DOLLARS ($1,000,000.00)
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 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, 1992.
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 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:
"'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 15 day of August , 1.990 .
Attested and Certified: AMERICAN MOTORISTS INSURANCE COMPANY
F.C.McCullough, Secretary by J.S.Kemper,III,Swnior Vice President
(OVER)
STATE OF ILLINOIS SS
COUNTY OF LAKE
I, Grace E. Condon, a Notary Public, do hereby certify that J. S. Kemper, III and F. C. McCullough personally known
to me to be the same persons whose names are respectively as Senior 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.
My commission expires: 5-14-94 Grace E. Condon, Notary Public
"OFFICIAL SEAL" ►
1 Grace E. Condon /
1 Notary Public, Slate of Illinois /
1 My Commission Espues 5114194 ►
CERTIFICATION
I, N. J. Zarada, Secretary of the American Motorists Insurance Company, do hereby certify that the attached Power
of Attorney dated August 15, 1990 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 F. C.
McCullough who executed the Power of Attorney as Senior Vice President and Secretary respectively were on the date
of the execution of the attached Power of Attorney the duly elected Senior Vice President and Secretary of the
American Motorists Insurance Company.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the American
Motorists Insurance Company on-this F E 8 2 0 19 9? day of , 19
S,
N.J.Zarsda, 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.
FM 836-5 5-90 1M PRINTED IN U.S.A.
Power of Attorney - Term