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HomeMy WebLinkAboutTract 14177 - Polygon Huntington Beach Assoc - formerly owne J� City of Huntington Beach P. O. Box 190 - 2000 Main Street Huntington Beach, California 92648 HUNTINGTON BEACH From the desk of: Jeffrey Hughes Deputy City Clerk Telephone: (714) 536-5260 Fax: (714) 374-1557 ub�R s s - N�N�,�Am S \ 4w, QA �V 5 Mlj(� GAST (7N) (231- 7?)� NOT TO SCALE LL -_ � C3 0 CONSTANTINE DR. TR. 14177 o O W O H Y J S N Z N J ex W 2 } e3 Of Q U KATHERINE AVE. 2 ` U cz Q J r LJ J ^ � J GARFIELD ATTACHMENT NO. 1 LOCATOON MAP • J� R4 CITY OF HUNTINGTON BEACHL9 DEPARTMENT OF PUBLIC WORKS trI4177 ATTACHMENT 2 WARRANTY BOND Bond No. 3SM 889 854 00 Premium included in performance bond KNOW ALL MEN BY THESE PRESENTS: That POLYGON HUNTINGTON BEACH ASSOCIATES, L.P.. as Principal, and AMERICAN MOTORISTS INSURANCE COMPANY, incorporated under the laws of the State of ILLINOIS as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH, State of CALIFORNIA, as Obligee, in the amount of FIFTEEN THOUSAND SIXTY-TWO AND NO/100 Dollars ($15,062.00), for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS, the Principal entered into a written agreement with the Obligee on July 7, 1997 providing for the construction of certain subdivision improvements in Tract 14177 in the CITY OF HUNTINGTON BEACH, CALIFORNIA; and WHEREAS, the agreement provides that the Principal shall and does guarantee all work and materials for the improvements to be free from all defects due to faulty materials or workmanship for a period of one (1) year after formal acceptance of the work by the Board of Directors of Obligee and further provides that the failure of Principal to correct defective work within one (1) week after being notified by Obligee in writing allows the Obligee to proceed to have the work corrected at the expense of the Principal. WHEREAS, said work has been or will be completed by the Principal. NOW, THEREFORE, if said Principal shall repair or remove and replace any work found to be defective by Obligee in workmanship and/or materials within a one (1) year period from the date of formal acceptance of the work within one (1) week after being notified in writing by the Obligee, then this obligation to be void; OTHERWISE this obligation shall remain in full force and effect. Signed, sealed and dated this 25TH day of JANUARY, 1999. POLYGON HUNTINGTON BEACH AMERICAN MOTORISTS INSURANCE COMPANY ASSOCIATES,INC. BY: LENNAR HOMES OF CALIFORNIA, INC. A CALIFORNIA CORPORATION By — By: )4eb� 0 K.R.-Vic&s, Attorney-in-Fact APPROVED AS TO FORMa GAIL P.UTTON CITY ATTORIilEY r r-v i+v Attornev California All-Purpose Acknowledgment State of California County of Orange On January 26, 1999 before me, Dee Baker,Notary Public,personally appeared Tom Banks personally known to me 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 or the entity upon behalf of which the person acted, executed the instrument. Witness my hand and official seal. DEE BAKER Commisslon#1086001 Notary Public— to elf � orange county Dee Baker,Notary Public My Comm.Expires Apr t9,2000 Description of Attached Document Title or Type of Document: Warranty Bond—Tract 14177 Bond#3SM 88985400 Document Date: January 25, 1999 Number of Pages: Signer(s) Other Than Named Above: State of California___ • County of Orange On January 25, 1999 before me, V.M. Campbell, Notary Public , DATE NAME, TITLE OF OFFICER-E.G.,-JANE DOE.NOTARY PUBLIC* personally appeared K. R. Viodes ********* NAME(S) OF SIGNER(S) personally known to me -NM ❑ to be the El person(# whose name#) is143m subscribed to the within instrument and acknowledged to me that J3e/she/tt executed the same in Ids/her/tom authorized capacity, and that by Pft/herANr signatureM on the instrument the person(, or the entity upon behalf of which the personT4 V.M. .#1200 1 acted, executed the instrument. COMM.#12003i9 � NOTARY PUBLIC-CALIFORNIA m a oRMIcEco toNov. WITNESS m hand and official seal. My Comm.EVires Nov 25,2002 l y SIGNATURE OF TARY 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 ❑GENERAL DATTORNEY-IN-FACT NUMBER OF PAGES ❑TRUSTEE(S) ❑GUARDIAN/CONSERVATOR ❑OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: SIGNER(S) OTHER THAN NAMED ABOVE NAME OF PERSON(S) OR ENTITY(IES) 1-i I _ ISSUE DATA (MtJJDOrYY PRODUCER I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS ? ; ` NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, A EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. ai S ECONN & CO. INSURANCE 3055 WILSHIRE BOULEVARD COMPANIES AFFORDING COVERAGE OS ANGELES, CALIFORNIA 90010 r' (213) 386-3131 COMPANY A LETTER Scottsdale Insurance Company COMPANY 8 t INSURED LETTER Summerhill Development Company, Inc. COMPANY Summerhill Constantine Associates, a LETTER C California Limited Partnership, et al COMPANY p 777 California Avenue LETTER Palo Alto, CA 94304 �� COMPANY E l'-f 7 LETTER' ; • ` YTHIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW.HAVE BEEN ISSUEDTO THE INSURED NAMED ABOVE FOR THE POLICY 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 CONDI- TIONS OF SUCH POLICIES: MCO POLICY EFFECTIVE POLICY EXPIRATION LIABILITY LIMITS IN THOUSANDS LTR TYPE OF INSURANCE POLICY NUMBER DATE(MM/DO" . DATE(MMIODrYY) = EA H AGGREGATE OCCURRENCE GENERAL LIABILITY ' BODILY X COMPREHENSRE FORM GLS 319162 4/2/90 4/2/91 !NJURY $ $ X PREMISESIOPERATIONS PROPERTY UNDERGROUND ' DAMAGE $ $ EXPLOSION 8 COLLAPSE HAZARD X PRODUCTS/COMPLETED OPERATIONS X CONTRACTUAL Ell PO COMBINED $1,OOO $ 1,000 X INDEPENDENT CONTRACTORS X BROAD FORM PROPERTY DAMAGE 1 X PERSONAL INJURY PERSONAL INJURY $ 1,000 4 AUTOMOBILE LIABILITY OWLY ANY AUTO INJURY $ (PER PERSON ALL OWNEO AUTOS(PRIV.PASS.) ,if) 00��� Zrigg 8004rNJU ALL OWNED AUTOS'(OTHER THAN) �� h� J )PER A $ AUTOS'( PRIV. PASS./ pAC� ' IleY )PER acnDEhTI s HIRED AUTOS H•1 t�J�i�` - a T PROPERTY CuFitx Ey_ . ' NON-OWNED AUTOS Y + 0 C DAMAGE $ GARAGE LIABILITY Y BI&PO COMBINED $ =- EXCESS LIABILITY h UMBRELLA FORM - BI COMBNED $ - $ OTHER.THAN UMBRELLA FORM WORKERS' COMPENSATION STATUTORY -= $ (EACH ACCIDENT) +; AND _ $ (DISEASE-POLICY LIMIT) EMPLOYERS' LIABILITY $ (DISEASE-EACH EMPLOYEE) a OTHER `x DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS The City. of Huntington Beach, if officers and employees are added as additional insureds as respects' the- Named Insured's operations. _ y1 • 1 • - -=-' SHOULD'ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX 'T ra°e=.Clty."O£ Huntington Beach PIRATION DATES:THEREOF; THE-•ISSUINGXCOMPANY==WILL- NM ' MAIL_ *_DAYS WRITTEN,NOTICE TO.THE CERTIFICATE-HOLDER-NAMED TO-THE 2000 Main Street f -- - --- Huntington Beach, CA 92648 � • AUTIAf )ZED R R LETIV P - CERTIFICAT �F-1NSU_RANCE i = s • = ISSUE DATE(MMIDD/YY) _ 07,117/90 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, MAROEVIM,OMM a COGHLAX EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW 0IIISII1FLAME BROKERS P.O.BOX 1940G8 COMPANIES AFFORDING COVERAGE 8M FRANGUM,CA 941194M COMPANY CODE 01170 SUB-CODE LETTER. -- CITATION CITATION INSURANCE COMPANY _ _ COMPANY B INSURED LETTER COMPANY C LETTER SUMMERHILL. DEVELOPMENT COMPANY — 777 CALIFORNIA AVENUE COMPANY D LETTER PALO ALTO, CA 94304 COMPANY E LETTER COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY 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 ALL LIMITS IN THOUSANDS LTR DATE(MM/DD/YY) ' DATE(MM/DD/YY) GENERAL LIABILITY GENERAL AGGREGATE S COMMERCIAL GENERAL LIABILITY PROD UCTS-COMP/OPS AGGREGATE S CLAIMS MADE OCCUR. PERSONAL&ADVERTISING INJURY S OWNER'S&CONTRACTOR'S PROT. EACH OCCURRENCE S FIRE DAMAGE(Any one fire) S MEDICAL EXPENSE(Any one person) S AUTOMOBILE LIABILITY COMBINED SINGLE $ ANY AUTO LIMIT ALL OWNED AUTOS BODILY - INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY —" INJURY $ NON-OWNED AUTOS (Per accident) GARAGE LIABILITY --- PROPERTY ) $ DAMAGE — _ EXCESS LIABILITY e EACH AGGREGATE OCCURRENCE, OTHER THAN UMBRELLA FORM - - -- ------ - WORKER'S COMPENSATION STATUTORY A AND WCP 12376 02/21/90 02/21/91 $ 1,000 (EACH ACCIDENT) $ 1,000 (DISEASE—POLICY LIMIT) EMPLOYERS'LIABILITY —- -- - -- -- - - - `--"---'� $ ` 1,000 (DISEASE—EACH EMPLOYE OTHER - - - - — - - ------ - - ----- -._. DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS RE: 8186 CONSTANTINE DRIVE, HUNTINGTON BEACH, CA CERTIFICATE HOLDER-" -:= -__ -- ;,CANCELLATION _ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE .CITY OF HUNTINGTON BEACH EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL 109II XX0 2000 MAIN STREET MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE HUNTINGTON BEACH) CA 92648 :LEFT,. v - .� I}(�[4iRT�4DX&d3t:t�� X�}s�{fig3l=Ailt�1�H��FF4�1II74�Y,. AUTHORIZED REPRESENTATIVE . du _ ACORD 25yS(3L88) -�_ x�� e �7t,_ s , s-, .= � r ®ACORD CQRFORATION 1988 " P.2/4DAiF:(M1ri1DD1YY) TUL 20 '90 1E,:24 i ' 1 s 7�17 9Q • A N-J�frR' THIS CERTIFICATSc IS ISSUZO A MATTER OF INFORMATION.ONLY-AND CONFtAa - NO RlgHTa UPON THE CERTIFICAT91400ER,THIS MRTIFFCATE DOES NOT A105ND, JAlIdEB ECQNN & CO' INSURANCE EXTEND OR'ALTER THE F ED CQVrAACE AFORD BY THE,POLICIft 139LOW. 3058 WILSHIRE SOULEVAAD ' * / i LDS ANGELES,CALIFORNIA 90610 ! COMPANIES AFFORDING COVERAGE (M) 38e-3131 �'COA�pnrrY LETrER Scottsdale Insurance comoanv \ COMPANY.. LETTER S Summer�1,11 Development Campany, ITIc. C6MTEN Y p Summerhill. Constantine Associates, a LET California Limited Partnerahi.p, et d:�. COMPANY 777 Califbrnia Avenue Palo Alto, CA 94304 COMPANY E- -- /YlL e l 41/7 I. r;Ft 7 . r THIS IS TO CERTIFY THAT POLICIES OF INSURANCE;L18TEo BOLOW HAVE BEEN IBSUEDTO THE INSURED NAMPO ABOVE FOR TH9 POLICY PERIODINOICATED. NOTWITHSTANDING ANY REQU1RgM NT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THFS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSUMANC;E AFFORUeb eY THE POLICIES DESCRIBED HEREIN I9 SUBJECT TO ALL THt TERMS,EXC4UBI()N8,AND CONDI. TIONS Oi SUCH PO4ICIE4. C0) aO;Cv EfFEC11vE POLICY EKPIRAT�Y UABILITY LIMITS IN TH4 UbAND$. . L'fR TYPE OF INSURANCE POLIQY NUMBER DATE(Mmw DATE(A!MlODIYYI NCE 5A40F1EGATE. GENERAL LIAIKITY BoaLY COMPREHENSIVE FORM GI,S 319162 4/2/90 4/2/91 ICY $ $ X PPRNNEppMISESIOPERATONS pp EXPLOB*NU�COLLAPSE HAZARD I bRAt >:� $ $ X PRODUCTI/COMPLE7SO OQEFLkTtM CONTRACTUAL GIOA PO MMNED � ,A00 $ 1,000 X INDEPENDENT CONTRACTORS X BROAD FORM PROPERTY OAMAQE X PERSONA(,INJURY PERSONAL INJURY $ 1 r 000 ALITOM0011.9 LIABILITY WDLYWiLley ANY AUTO kwA $ ALL OVINEO AUTO$(PAN, PASS,) INARY ALL OWNEO AUTOS t Pt�NERPASS.� ACLYDEn $ ts`j'V. HIRED AUTOS PROKATY NON•CWNEO AUTOS VAMA4E ,$ rrt I I'•: ? GARAGE LIABILITY dl i PD CbMBiMED j;;,,w✓ate ajy EXC499 LIABILITY UMBRELLA FORM OVA* �o @' COMs�iNEo $ $ OTHER THAN UMBRELLA FOAM RO c WORKERS'CAlNPENEL4TIdH � � �1+ Q. STATUTORY AND v'G� Gy�y $ (EACH ACCIDENT) �� .1. $ (DISEASE-POLICY LIMIT) EMPL.OY9146' LIABILITY �9' .. (DISEASE-EACHEMPLOYEE} OTHER i DESCRIPTION OF OPERATIONS/L5CAT14NSNI:HICLESISPECIA4 ITEM8 The City of Huntington Beach, if officers and. employees are added as additional insureds as respecta the Famed Insurad's operations. • r • SHOULD ANY OF THE ABOVE DESCRIBED POLICIl;B BE CANCELLED BEPORE T r EX- City of Huntirigton Beach PIAATION DATE THEREOF, THE ISSUING COMPANY WILL � ZSF� 2000 Main Street MAC • A DAYS WRITTEN NOTICE TO THE-CERTWICATF,HOLDER NAMED TO THE Huntington Beach, CA 92648 • — ay Au r• IxEO A FT EE TIV 07-20--90 0:1 -'`JUL 20 '90 15:25 CERTIFIC*-a OF INSURANCE 1SSU°DATE t!1J(>L)Iy 07/17/90 �h66UCER I: THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS t NO RIGHTS UPON TI4E CERTIFICATE HOLDER. THIS CERTIFICATE 00ES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW! �JR11NC� 6N01e�R8 . P.O. SM 10400 COMPANIES AFFORDING COVERAGE SAN FRANC=,CA 941104000 COMPANY LEI-YEA CITATION CITATION INSURANCE COMPANY � cooE O1J.70 aue•cou1: COMPANY INSURED LC7TcR 8 COMPANY LETTER e SUMLMERHILL DEVELOPMENT C'OM11AN`1 777 CALIFOrNIA AVENUE CG:+F•ANv O (CI ItH PALO ALTO, CA 94304 COMP4NY E LEIiEK . .. — I COVERAGES _...— Tt jI,$IS TO(CERTIFY THAT THE POLICIES OP INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD 1NOICATED,hIOTWITHSTANDING ANY REOUMEMENT.TERM OR CONDITION OF ANY CONTRACT OR OTHER DOOLIMENT WITH A($PCCT TO WrI10H THIS t,[RTtrI4ATE MAY Cir IS51.1rn QR MAY PITH 1AIN. FHF ipvsu ,kN(;C ArF0,0CP OY Ti LIE POLICIES DESCRIIICD I IEREIN IS SUBJECT TO ALL THE TERMS, i EXCL1IAIONS AtdO C.ONDITIDkP$OF SUCH POLICIES. LiM!TS SHOD^iN MAY HAVE BEEN REN)CEU UY ProD 1 CO POLICY EFFECTIVE POLICY EKPIAATION TYPE OP INSURANCE POLICY 19UMs}_R ALL LIMITS INT>+OIJSANOS I TH DATE imm!oL}"YY; OATS(14tVL)0/fY'r GENERAL LIABILITY GENERAL ACGFIEGATE $ COMMt;I1CIAL C,ENtHA�I•IAbIIITY r';ODUCY3 COMP:OP9 A4GrseQAse s i CLAIMS MAOL OCGUFt- Prn SGNAL 4 AOVERTIStNG I%QUAY S -A'INER'$s CUN-i RA(;ToR'8 PAOT FAITH I''•CCVRHF,NCE 3 FInE DAMAGE(Puny wm lira) S MEG:CAL EXPENSE(Any End rmfion) S AUTOMOBILE LIABILITY COMRINFO 31N!'i1 p Y• _ , ANY,+.O IQ ..MIT ALL OWNED AUTCS DODILY- i.NJURY S jf NH)UI,t•1�A�1 Ylj:i - (Pill Ijclsnn) I IIRCO AUTOS OODILY INJURY S Nt)ti•(JK'P)t U r.0 l U:a (Fa(ilmdont) „ARA(4F I IARII ITY r rtOI%dnTY OAMAGE F EXff-S LIARIt,ITY - EACH A4Uj9E(3ATE OUCUH+ENCE S S OIHFH IWAN IJ'I(iRF1 I A FORM WORKCA'y COMrENSATION - STATUTORY A AND WCP 1_2376 02/21/90 02/21/91 S 1,000 (CACTI ACCIDENT) s 1,000 (PISEA6E-'-?OLIC,Y UMIY) EMML0YE(t3'LIABILITY S 1,000 (U15F.ASE—t:AO)I EMPUJ rEE OTi-IER 0EScRiJTt01N GF OPCAATIO14S/LOCATiOtiSlVEHIC'LES:FtHSTRICTIpV6,'SPEEtAI_ il-ENA RE: 6186 CONSTANTXNE DRTVB, HUNTINGTON BEACH, CA , CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIED FOLICIHS BE CANCELLED.BE;FORC THE CITY OF HUNTINGTON LEACH EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL J7QI5UAJ4== 2000 MAIN STREET MAIL q0_-GAYS WnITTF,N NC)TIC E TO THE CERTIFICATE HOLDER NAMED TO THE HUNTINGTON BEACH lI CA 92648 LEFT. �1XI'd '+t'�Y.�PClo1JQ�?i�PL:f1C3CK]Eh�{�T:aCkdF3(�52�`tKKTd UGP:�IfX �8�IG9FYf.�XdG9 6[OC3i PO�1C {L�43P�0.]4X�IYE?'�IA�1�f�AR"��dp19II'l4I�X AUTHORIZED REPRESENTAYIVE A.CORD 25-S(3188) - w "' - ACOKQ CORPORA'FION 1988 JUL 20 '90 16 2E P.4/4 PUBLIC WORKS PERMIT NO. L INDEMNIFICATION, DEFENSE, HOLD HARMLESS FORM In consideratiorn of Public Works Permit NO . , receipt of which is hereby acknowledged, (hereinafter named "PERMITTEE") , hereby agrees to protect , defend, indemnify and hold and save harmless the CITY OF HUNTINGTON BEACH, (hereinafter named "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 PERMITTEE ' S employees and damage to PERMITTEE ' S property, arisingi , directly or indirectly out of the obligations or operations herein undertaken by PERMITTEE, 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. PERMITTEE will conduct all defense at its sole cost and expense. CITY shall be reimbursed by .PERMITTEE for all costs or attorneys fees incurred by CTTY in enforcing this obligation. NAME OF P TEE " w. w+ C V' 1 CD vt�5 4G h`f+ ►'l �� �C o r10 c /^a 1 . By: -'� ��� h_ Title (si.g tore) �•.,:=�� �. �.,' < ' :--, Date . (print' name) - - T 2 . By: Title L4� IX �I J-�, . '- (�na�• (print n�arne) T - APPROVED AS TO FORM: _ City Attorney r If a corporation , TWO OFFICERS--mus-t sign : or , in the alternative, present satisfactory evidence of your authority to bind your corporation. , JUL 20 '90 16:24 - P. 114 - SUMMERNILL DEVELOPMENT COMPANY 900 CP'a/gzley Lane Newport BeaQ,-,, GR 92663 r X (71 3z,- Y-TdI- E_AX_. .TrAhl5f TTTAL.. FORM TO: c'o n 1�S[cr f2.f_ ✓mac q '7 SUBJECT. 't�-` �� 5 �� l `Z1 NUMBER O r I have received the Faithful Performance Bond and the Labor and Materials Monument and Surety bond for Summerhill Constantine Inc. , Tract No. 14177, ConGtantivP a/Srnkwood on behalf of the Treasurer' s Office. Dated �' U By': '/� r, I have received the Faithful Performance Bond and the Labor and Materials Monument and Surety bond for Summerhill Constantine Inc. Tract No 14177, Constantive P/4110k ood on behalf of the Treasurer' s Office. Dated — — ---------_ . By: DOND 140. 4567 Y11EtvilUM $2,363.00 FAITHFUL PERFORMANCE BOND WHEREAS, the City Council of the City of Huntington Beach, State of California, and Summerhill Constantine Incorporated, a Califo>;nia Corporation (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 Tract 14177 is hereby referred to and made a part hereof; and V HEREAS, said 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 Pacific States Casualty,Company as surety, are held and firmly bound unto the City of Huntington Beach hereinafter called "City", in the penal sum of ONE HUNDRED THIRTY NINE THOUSAND 00/100. ---------------------- dollars ( $139,000.00---) lawful money of the United States, for the payment of which sum well and truly to bq made, we bind uurselves, our heirs, successors, executors and administrators, jointly and ;�verally, firmly by these presents. Tho condition of this obligation is such that if the above bounded principal, his or its heirs. executors, administrators, successors or assigns, shall in all things stand to and abide by,. and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part. to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless "City", its officers, agents and employees, as therein stipulated, then this obligation shall becorne null and void; otherwise it shall be and remain in full force and effect. APPROVED AS TO FU111' GAIL MUTTON CITY ATTO '• tG DePu+,y tit y Acton " Faithful Performance Be• Page 2 • As a part of the obligation secured horeby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees incurred by "City" in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The surety hereby stipulates and agree.t that no chango, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall In anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the ­_­_+_+ — r,. +$,& ,nrle nr to tna spaeifications. (Corporation) STATE OF CALIFORNIA ) ss. COUNTY OF SANTA CLARA ) On July 19, 1990, before me, the undersigned, a Notary Public of the State of California, duly commissioned and sworn,personally appeared ROGER L.SWANSON,personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as PRESIDENT, and KEITH GUERICKE personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the VICE PRESIDENT, on behalf of SUMMERHILL CONSTANTINE INCORPORTED the corporation that executed the within instrument pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and official seal. OFFICIAL SEAL CATHY L NATO NOTARY PUB AR-CALIFORNIA SANTA CLARA COUNTYouNTY o Cathy L. Am Notary Public, State of California My Cam.Expires Jan.15,1944 STATE OF CALIFOR\i J COUNTY OF Los Angeles On July 18, 1990 before me, the FOR NOTARY SEAL OR STAMP undersigned, a Notan Public in and for said State, personally appeared Norman E. Grattan, Jr. OFFICIAL SEAL personally known to me (or proved to me on the basis of satisfactory MARIA ESCOBAR evidence) to be the person who executed the within instrument as Notary Public-CglMornia Attorney-in-Fact on behalf of Pacific States Casualty Company, the a LOS AIJGELES COUNTY corporation therein named, and acknowledged to me that the corporation executed it. my Comm.Exp:Sep.7, 1990 -FITNESS my hand and official seal. Signature *4567 is W NU 4 y— rpnCL14 Included LABOR AND MATERIAL BOND WHEMAS, the City Council of the City of Huntington Beach, State of Summerhill Constantine Incorporated, a Californis, and California Corporation _ (hereinafter designated-as "principal") have entered into an agreement whereby principal agrees to install and coMiete certain designated public iirprovements, which said agreement, dated , 19 and identified as project Tract 14177 , 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 ma".in Title 1S (coamancing 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, materWmen.and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid SIXTY NINE THOUSAND FIVE Code of Civil Proceedure in the sum of HUNDRED AND 00/100------ dollars ( $69,500.00------------------), 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 reasonablo 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 stipulatod and agreed that this bond shall inure to the benefit of any and nli persons, companies and corporations entitled to file claims under Title 1S (corrwncins with Section 3082) of Part 4 of Division 3 �1'HDG�� AS J T�Crii~ GAIL HUTTON 5�4Dniy­ torney' Labor and Meter d pie 2 as to give a right of action to them orgir assigns in so the Civil Code, B gh any suit brought upon this band. amid the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remdn 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. rN WI7PMS.S W MMOF, this instrument has been duly executed by the principal and surety above named, on July 18 1990 Summerhill Constantine Incorporated, a STATE OF C.-\LIFOK\l,> ) COUNTY OF Los Angeles ) On before me, the July 18, 1990 FOR NOTARY SEAL OR STAMP undersigned, a Nolan Public in and for said State, personally appeared Norman E. Grattan, Jr. OFFICIAL SEAL personally known to me for proved to me on the basis of satisfactory MARIA ESCOBAR evidence)to be the person who executed the within instrument as Notary Public—CelllOrnle Attorney-in-Fact on behalf of Pacific States Casualty Company, the '� uo LOS ANGELES COUNTY corporation therein named. and acknowledged to me that the . corporation executed it. p My Comm. Exp.Sep.7,1990 WITNESS my hand and official seal. Signature (Corporation) STATE OF CALIFORNIA ) Ss. ' COUNTY OF SAS\TTA CLARA ) On July 19, 1990, before me, the undersigned, a Notary Public of the State of California, duly commissioned and sworn,personally appeared ROGER L.SWANSON,personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as PRESIDENT, and KEITH GUERICKE personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the VICE PRESIDENT, on behalf of SUMMERHILL CONSTANTINE 1NCORPORTED the corporation that executed the within instrument pursuant to its by-laws Or a resolution of its board of directors. WITNESS my hand and official seal. OFFICIAL SEAL CATHY L AMATO S NOTARY PUBLIC.CALIFORNIA SANTA CLARA COUNTY iFOR trly Comm.Exoires Jan.15.1994 Cathy L. �t �N�5otary Public, State of California ` POWER OF ATTORNEY OF • N° 55663 PACIFIC STATES CA S U ALT Y C O M P ANY NOTICE: 1. All power and authority herein granted in any event terminate on the 31 st day of December,1993. 2. This Power of Attorney is void if altered or if any portion is erased. 3. This Power of Attorney is void unless the seal is readable,the text is in black ink,the signatures are in red ink and this notice is in red ink. 4. This Power of Attorney should not be returned to the Attorney-In-Fact,but should remain a permanent part of the obligee's records. KNOW ALL MEN BY THESE PRESENTS,that,except as expressly limited,PACIFIC STATES CASUALTY COMPANY,does,hereby make,constitute and appoint Norman E. Grattan, Jr. the true and lawful Attorney-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporation as surety,bonds,undertakings and contracts of suretyship in an amount not exceeding$750,000 in any single undertaking;giving and granting unto said Attorney-in-Fact full power and authority to do and to perform every act necessary,requisite or properto be done in connection therewith as said corporation could do,but reserving to said corporation full power of substitution and revocation; and all of the acts of said Attorney-in-Fact,pursuant to these presents,are hereby ratified and confirmed. The authority and powers conferred by this Power of Attorney do not extend to any of the following bonds,undertakings or contracts of suretyship: Bank depository bonds,mortgage deficiency bonds,mortgage guarantee bonds. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolution adopted by the Board of Directors of PACIFIC STATES CASUALTY COMPANY,effective as of August 3,1984, RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is authorized to execute Powers of Attorney,qualifying the attorney named in the Powers of Attorney to execute,on behalf of the corporation,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of the corporation be,and each of them hereby is authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers 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 shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF,PACIFIC STATES CASUALTY COMPANY has caused these presents to be signed by its President and attested by its Secretary this 41h day of January 1988. 41-%ES C4SG' `D poPF Avr�< ATTEST PACI S S CASUALTY COMPANY LL = FEB.1, O n o1962 P D </FOlk V. By ♦ By Bruce E.MacKenzie Esther R.Lowy,Secrets STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) On September 5,1989,before me,the undersigned,a Notary Public in and for said State,personally appeared Bruce E.MacKenzie and Esther R.Lowy,personally known to me(or proved to me on the basis of satisfactory evidence)to be the persons who executed the within instrument as President and Secretary on behalf of Pacific States Casualty Company,the corporation therein named,and acknowledged to me that the corporation executed it. WITNESS my hand and official seal. :fits , OFFICIAL SEAL Signature �fJ o NOTARY PTANi BUC P CALIFORNIA Notary P blic LDS ANGELES COUNTY My comm, expires FEB 1, 1993 CERTIFICATE The undersigned,as Secretary of PACIFIC STATES CASUALTY COMPANY,does hereby certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked,and furthermore,that the provisions of the resolution of the Board of Directors of said corporation set forth in the Power of Attorney,are in force as of the date of this Certificate. This Certificate is executed in the City of Los Angeles,California,this lath day of July .19990 p1EB C4SG T��� PACIFIC STATES CASUALTY COMPANY y OpPo'q 'r, APPROVED AS TO FORM:, r = FEB.1, e n GAIL-HUTTON a ,982 ; N By o yr/FppN�P?,D CITY AT PSC-S-101 (4/90) Esther R.Lowy, a eta �y:. Att ey Deputy Ci y • MONUMENT BOND 4568 Premium $150.00 KNOW ALL MEN BY THESE PRESENTS: That Summerhill Constantine Incorporated, a California Corporation as subdivider of Tract No. 14177 its the City of Huntington Beach, County of Orange, State of California, has subrnitted to said City a Pint 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 certifi. esset That said Summerhill Constantine Incorporated, a California Corporation (Subdivider) r as principal, and Pacific States Casualty Company as surety, hereby..guarantee to the City of Huntington Beach the payment of the cost of netting sill such nidauments 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 i certificate up to but not in e=ess of the sum of $THREE THOUSAND DOLLARS ($3,000.00) in which sum we are held and firmly bound to the City of Mritington 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 WHEREOr, we have executed this instrument this 18th day of July t9 90 , STATE OF CALIFOR\I � ) COUNTY OF Los Angeles l On before me, the July 18, 1990 FOR NOTARY SEAL OR STAMP undersigned, a Nolan Public in and for said State, personally appeared Norman E. Grattan, Jr. OFFICIAL SEAL personally known to me (or proved to me on the basis of satisfactory MARIA ESCOBAR evidence)to be the person uho executed the within instrument as Notary Public—California Attorney-in-Fact on behalf of Pacific States Casualty Company, the LOS ANGELES COUNTY corporation therein named. and acknowledged to me that the corporation executed it. My Comm.Exp.Gap.7,1990 WITNESS my hand and official seal. Signature _� «'ITNESS my hand and official seal. OFFICIAL SEAL O UTHY L AMATO �1 NOTARY PUBLIC-CAUFORNIA Cathy L. Atx Notary Public, State of California SANTA CLARA an.1 TY 5, ftRy Comm.fxplres Jan.15,1994 PUWt:K OF AIT N° 55664 • �' PACIFIC STATES CA SLJA LT 1' CUM PA.r NOTICE: 1. All power and authority herein granted in any event terminate on the 31 st day of December,1993. 2. This Power of Attorney is void if altered or if any portion is erased. 3. This Power of Attorney is void unless the seal is readable,the text is in black ink the signatures are in red ink and this notice is in red ink 4. This Power of Attorney should not be returned to the Attorney-In-Fact,but should remain a permanent part of the obligee's records. KNOW ALL MEN BY THESE PRESENTS,that,except as expressly limited,PACIFIC STATES CASUALTY COMPANY,does,hereby make,constitute and appoint Norman E. Grattan, Jr. the true and lawful Attorney-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporation as surety,bonds,undertakings and contracts of suretyship in an amount not exceeding$750,000 in any single undertaking;giving and granting unto said Attorney-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as said corporation could do,but reserving to said corporation full power of substitution and revocation; and all of the acts of said Attorney-in-Fact,pursuant to these presents,are hereby ratified and confirmed. The authority and powers conferred by this Power of Attorney do not extend to any of the following bonds.undertakings or contracts of suretyship: Bank depository bonds,mortgage deficiency bonds,mortgage guarantee bonds. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolution adopted by the Board of Directors of PACIFIC STATES CASUALTY COMPANY,effective as of August 3,1984. RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is authorized to execute Powers of Attorney,qualifying the attorney named in the Powers of Attorney to execute,on behalf of the corporation,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of the corporation be,and each of them hereby is authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney orcertificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN W ITN ESS W H EREOF,PACIFIC STATES CASUALTY COMPANY has caused these presents to be signed by its President and attested by its Secretary this 4th day of January 1988. `P1E5 C48 y(iCPFOp'J•9�i ATTEST PACI S S CASUALTY COMPANY n r FEB.1, C n C .,� 1962 P D By • By Bruce E.MacKenzie Esther R.Lowy,Secrets STATE OF CALIFORNIA ) SS. COUNTY OF LOS ANGELES ) On September 5,1989,before me,the undersigned,a Notary Public in and for said State,personally appeared Bruce E.MacKenzie and Esther R.Lowy,personally known to me(or proved to me on the basis of satisfactory evidence)to be the persons who executed the within instrument as President and Secretary on behalf of Pacific States Casualty Company,the corporation therein named,and acknowledged to me that the corporation executed it WITNESS my hand and official seal. OFFICIAL SEAL TANiA SHPARAGA Signature o NOTARY PUBLIC -CALIFORNIA Notary P blic ( LOS ANGELES COUNTY My comm. expires FEB 1, 1993 CERTIFICATE The undersigned,as Secretary of PACIFIC STATES CASUALTY COMPANY,does hereby certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked,and furthermore,that the provisions of the resolution of the Board of Directors of said corporation set forth in the Power of Attorney,are in force as of the date of this Certificate. This Certificate is executed in the City of Los Angeles,California.this I$tl1 day of July 199 90 tr10 C4S` PACIFIC STATES CASUALTY COMPANY �i OPP OR''l FEB.1,o APPROVED AS TO FORM y 9 'B82 `p ay GAIL HUTTON By �? CIT AT Y PSC-S-101 (4/90) Esther R-Lowy, eta By: Deputy City Att'6rine BOND NO. 4546 PREMIUM $1,008.00 SURETY BOND KNOWN ALL MEN BY THESE PRESENTS: That we, Summerhill Constantine Incorporated, a California Corporation, as Principal, and Pacific States Casualty Company, a Corporation created, organized and existing under and by virtue of the laws of the State of California, and duly licensed to transact a general surety business in the State of California, as surety are held and firmly bond to the City of Huntington Beach, in the sum of Fifty-Nine Thousand Two Hundred Eighty-Eight Dollars and Seventeen Cents ($59,288.17), lawful money of the United Stated of America, to be paid to the said City of Huntington Beach for which payment, will and truly be made, we bind ourselves, our heirs, executors and successors jointly and severally, firmly by these presents. The condition of the above obligations ds such, that, Whereas the Principal is the "subdivider" of Tract 14177 as such term is used in the Huntington Beach Ordinance Code, Article 996-B, and Principal is required by said Article 996-B to pay a fee of $59,288.17 in lieu of the dedication of land for park and recreational purposes prior to the recordation of the final map for Tract 14177; and Principal has requested deferral of the time to pay in lieu fees until the issuance of a certificate of occupancy or the final inspection of any unit thereof, whichever event shall first occur; Now, therefore, if Principal shall pay the Park and Recreational fees exacted by the City fully in a timely manner and prior to the issuance of a certificate of occupancy for the first unit in said Tract 14177 or prior to the final inspection of the first unit in the tract, -•t-:�t-�-•�- o..o.,r oi-ll first nrrtir the nhliaa.tion shall be excused and shall be deemed null STATE OF CALIFORNIA ) COUNTY OF Los Angeles ) Jul 11, 1990 FOR NOTARY SEAL OR STAMP On Y before me, the undersigned, a Notar, Public in and for said State, Norman E. Grattan Jr. g;�. OFFICIAL SEAL personally appeared_ ":,• "�✓� MARIA ESCOBAR personally known to me (or proved to me on the basis of satisfactory ` •► Notary Put,'.' -Ca1itorr.'sa evidence) to be the person who executed the within instrument as LOS ANGELES COUNTY Attorney-in-Fact on behalf of Pacific States Casualty Company, the + o corporation therein named, and acknowledged to me that the . My Comm. Exp,Sep.7.1990 corporation executed it. WITNESS my hand and official seal. Sig nature Norman E. Grattan, Jr. POWER OF ATTORNEY OF PACIFIC N° 55654 STATES CA SL'.ALT 1' CO\f PAN 1" NOTICE: 1. All power and authority herein granted in any event terminate on the 31 st day of December,1993. 2. This Power of Attorney is void if altered or if any portion is erased. 3. This Power of Attorney is void unless the seal is readable,the text is in black ink the signatures are in red ink and this notice is in red ink 4. This Power of Attorney should not be returned to the Attorney-In-Fact,but should remain a permanent part of the obligee's records. KNOW ALL MEN BY THESE PRESENTS,that,except as expressly limited,PACIFIC STATES CASUALTY COMPANY,does,hereby make,constitute and appoint Norman E. Grattan, Jr. the true and lawful Attorney-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporation as surety,bonds,undertakings and contracts of suretyship in an amount not exceeding$750,000 in any single undertaking;giving and granting unto said Attorney-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as said corporation could do,but reserving to said corporation full power of substitution and revocation; and all of the acts of said Attorney-in-Fact,pursuant to these presents,are hereby ratified and confirmed. The authority and powers conferred by this Power of Attorney do not extend to any of the following bonds,undertakings or contracts of suretyship: Bank depository bonds,mortgage deficiency bonds,mortgage guarantee bonds. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolution adopted by the Board of Directors of PACIFIC STATES CASUALTY COMPANY,effective as of August 3,1984. RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby isauthorized to execute Powers of Attorney,qualifying the attorney named in the Powers of Attorney to execute,on behalf of the corporation,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of the corporation be,and each of them hereby is authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers 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 shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. I N W ITN ESS WH EREOF,PACIFIC STATES CASUALTY COMPANY has caused these presents to be signed by its President and attested by its Secretary this 4th day of January 1988. 4PtES C4S& P y GCP Cg9j�< ATTEST PACI CST S CASUALTY COMPANY S r FEB.1, o n trFopN }�a By +► By Bruce E.MacKenzie Esther R.Lowy,Secrets STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) On September 5,1989,before me,the undersigned,a Notary Public in and for said State,personally appeared Bruce E.MacKenzie and Esther R.Lowy,personally known to me(or proved to me on the basis of satisfactory evidence)to be the persons who executed the within instrument as President and Secretary on behalf of Pacific States Casualty Company,the corporation therein named,and acknowledged to me that the corporation executed it. WITNESS my hand and official seal. �. � OFFICIAL SEAL TANSignature �J a t NOTARY Pi B iC P CALIFORNIALI Notary P blic ( ' ' LDS ANGfLES i3OUK y My comm. expires FEB 1, 1993 CERTIFICATE The undersigned,as Secretary of PACIFIC STATES CASUALTY COMPANY,does hereby certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked;and furthermore,that the provisions of the resolution of the Board of Directors of said corporation set forth in the Power of Attorney.are in force as of the date of this Certificate. This Certificate is executed in the City of Los Angeles,California,this 11 th day of July 199 90 P,1ES C4SG PACIFIC STATES CASUALTY COMPANY y PPoR 9!1 � �o yr n Z FEB.1. O n o 1982 Y D 41FOpNS*�a PSC-S-101 (4/90) Esther R.Lowy, ecreta • Cit of Huntin ton Beach • P O Box 711 CALIFORNIA 92648 TELEPHONE 714 536.5200 FAx 714 374.1603 SHARI L. FREIDENRICH CITY TREASURER September 16, 1.999 CERTIFIED MAIL Pacific States Casualty Company 333 City Blvd. West Orange, CA 92666 To Whom It May Concern: This is to inform you the City Council of the City of Huntington Beach, on July 6, 1998, approved the release of the following bonds: �o,('0o Tract# 14177 Park & Recreation Fee No. 4546 We are releasing the bonds and have enclosed them for your file. 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 Enclosure cc: Polygon Huntington Beach Assoc. L.P. 181 Old Springs Road Anaheim, CA 92808 Summerhill Constantine, Inc. 777 California Ave. Palo Alto, CA 94304 Bob Beardsley,Director of Public Works (no attachments) Connie Brockway, City Clerk (no attachments) G:`•Denine''"Shari'"d_etters'•.BondL.t • • �"OwZ`"Lo Council/Agency Meeting Held: Deferred/Continued to: Approved ❑ Conditionally Approved ❑ Denied y� y City Clerk's Signature _n Council Meeting Date: July 6, 1998 Department ID Number: CA-98-12 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, City Administrator PREPARED BY: GAIL HUTTON, City Attorney Q�b� 'q0 SUBJECT: TRACT NO. 14177 PARK AND RECREATION FEES [Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment( ) Statement of Issue: Should the City Council release the Park & Recreation Fee bond for Tract No. 14177. Funding Source: N/A Recommended Action: That the Council release the Park & Recreation Fee bond for Tract 14177. Alternative Action(s): Do not release the bond. R%UEST FOR COUNCIL ACTS MEETING DATE: July 6, 1998 DEPARTMENT ID NUMBER: CA-98-12 Analysis: Last July 7, 1997, Polygon purchased Tract No. 14177 from the previous subdivider, Summerhill Constantine Incorporated. Originally, when Summerhill Constantine had obtained tract map approval, they were required to comply with Section 254.08 of the Huntington Beach Zoning & Subdivision Code. Under this provision, a subdivider is required to dedicate land to serve the park and recreational facility needs of the residents of the subdivision, or to pay a fee in lieu of dedication equal to the amount of the value of the land required to be dedicated. In this case, the fee was determined to be $59,288.17; and pursuant to the Code, Summerhill elected to defer payment of the Park & Recreation Fees by posting a bond in the amount of$59,288.17. When Polygon assumed the tract obligations, it also agreed to pay the fee. When Polygon failed to pay the fee, a hold was placed on the final inspection of the last unit of Tract 14177. Further, since Polygon asserted that it was actually Summerhill Constantine's obligation, demand was also placed on Summerhill Constantine to pay the fee, and their bonding company was so notified. By letter of May 14, 1998, Polygon forwarded to our office a check in the amount of $59,288.17, representing the Parks and Recreation Fees for Tract 14177. That payment brings this matter to a conclusion. We now recommend that the City Council authorize release of the bond. Environmental Status: N/A Attachment(s): Bond No. 4546 Pacific States Casualty Company City Clerk's Page Number No. Description RCA Author: SFF 98-12.DOC -2- 06/05/98 9:56 AM BOND NO. 4546 PREMIUM $1,008.00 SURETY BOND KNOWN ALL MEN BY THESE PRESENTS: That we, Summerhill Constantine Incorporated, . a California Corporation, as Principal, and Pacific States Casualty Company, a Corporation created, organized and existing under and by virtue of the laws of the State of California, and duly licensed to transact a general surety business in the State of California, as surety are held and firmly bond to the City of Huntington Beach, in the sum of Fifty-Nine Thousand Two Hundred Eighty-Eight Dollars and Seventeen Cents ($59,288.17), lawful money of the United Stated of America, to be paid to the said City of Huntington Beach for which payment, will and truly be made, we bind ourselves, our heirs, executors and successors jointly and severally, firmly by these presents. The condition of the above obligations is such, that, Whereas the Principal is the "subdivider" of Tract 14177 as such term is used in the. Huntington Beach Ordinance Code, Article 996-13, and Principal is required by said Article 996-B to pay a fee of $59,288.17 in lieu of the dedication of land for park and recreational purposes prior to the recordation of the final map for Tract 14177; and Principal has requested deferral of the time to pay in lieu fees until the issuance of a certificate of occupancy or the final inspection of any unit thereof, whichever event shall first occur; Now, therefore, if Principal shall pay the Park and Recreational fees exacted by the City fully in a timely manner and prior to the issuance of a certificate of occupancy for the first unit in said Tract 14177 or prior to the final inspection of the first unit in the tract, whichever event shall first occur, the obligation shall be excused and shall be deemed null I and void; otherwise the obligation will remain in full force and effect. 1. I _ In Witness Whereof, the seal and signature of the Principal is hereto affixed and the corporate seal and name of the said surety is hereto affixed and attested by its duly authorized Attorney in Fact at Los Angeles this 11th day of July 1990. Pacific States Casualty Company, Inc. Summerhill Constantine Incorporated, a California Corporation By: — By: Attorney in Fact Rogelk. Swanson, President --�_ Norman E. Grattan, Jr. B J� Keith Guericke, Vice President A' 1'0 FOR14:1 GA tr, 111ITTON Ty y t Y (1 t:y Attorney �I ROWER OF ATTORNEY OF J N° 55654 PACIFIC STATES CASUALTY COMPANY NOTICE: 1. All power and authority herein granted in any event terminate on the 31st day of December,1993. 2. This Power of Attorney is void if altered or if any portion is erased. 3. This Power of Attorney is void unless the seal is readable,the text is in black ink the signatures are in red ink and this notice is in red ink. 4. This Power of Attorney should not be returned to the Attorney-In-Fact,but should remain a permanent part of the obligee's records. KNOW ALL MEN BY THESE PRESENTS,that,except as expressly limited,PACIFIC STATES CASUALTY COMPANY,does,hereby make,constitute and appoint Norman E. Grattan, Jr. the true and lawful Attorney-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporation as surety,bonds,undertakings and contracts of suretyship in an amount not exceeding$750,000 in any single undertaking;giving and granting unto said Attorney-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as said corporation could do,but reserving to said corporation full power of substitution and revocation; and all of the acts of said Attorney-in-Fact,pursuant to these presents,are hereby ratified and confirmed. The authority and powers conferred by this Power of Attorney do not extend to any of the following bonds,undertakings or contracts of suretyship: Bank depository bonds,mortgage deficiency bonds,mortgage guarantee bonds. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolution adopted by the Board of Directors of PACIFIC STATES CASUALTY COMPANY,effective as of August 3,1984; RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and tliat each of them hereby is authorized to execute Powers of Attorney,qualifying the attorney named in the Powers of Attorney to execute,on behalf of the corporation,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of the corporation be,and each of them hereby is authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers 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 shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITN ESS W HEREOF,PACIFIC STATES CASUALTY COMPANY has caused these presents to be signed by its President and attested by its Secretary this 4th day of January 1988. *tpe C48& P y P °q'"�< ATTEST PACI CST S CASUALTY COMPANY ? FEB.1, o n 1982 rrFOPN�*?J By >X By Bruce E.MacKenzie Esther W.,Lowy,Secrete STATE OF CALIFORNIA ) SS. COUNTY OF LOS ANGELES ) On September 5,1989,before me,the undersigned,a Notary Public in and for said State,personally appeared Bruce E MacKenzie and Esther R.Lowy,personally known to me(or proved to me on the basis of satisfactory evidence)to be the persons who executed the within instrument as President and Secretary on behalf of Pacific States Casualty Company,the corporation therein named,and acknowledged to me that the corporation executed it WITNESS my hand and official seal. OFFICIAL SEAL TANSignature �0'n'�l-`J � n NOTARY PI P PUBLIC CALIFORNIA ARAGA Notary P blic ? LOS ANGfIES %OUKTIf My comm. expires FEB 1, 1993 CERTIFICATE The undersigned,as Secretary of PACIFIC STATES CASUALTY COMPANY,does hereby certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked;and furthermore,that the provisions of the resolution of the Board of Directors of said corporation set forth in the Power of Attorney,are in force as of the date of this Certificate. i This Certificate is executed in the City of Los Angeles,California,this 1 1 th day of July 199 9.0 �tf.a C44& PACIFIC STATES CASUALTY COMPANY /e FOR., FEB. is U FEB.1, C n 1982 ' D By �rF°a+�*?+ PSC-S 101 (4/90) Esther R.Lowy, rota # 4 �- BOND NO. 1141 PREMIUM $1,008.00 SURETY BOND KNOWN ALL MEN BY THESE PRESENTS: That we, Summerhill Constantine Incorporated, . a California Corporation, as Principal, and Pacific States Casualty Company, a Corporation created, organized and existing under and by virtue of the laws of the State of California, and duly licensed to transact a general surety business in the State of California, as surety are held and firmly bond to the City of Huntington Beach, in the sum of Fifty-Nine Thousand Two Hundred Eighty-Eight Dollars and Seventeen Cents ($59,288.17), lawful money of the United Stated of America, to be paid to the said City of Huntington Beach for which payment, will and truly be made, we bind ourselves, our heirs, executors and successors jointly and severally, firmly by these presents. The condition of the above obligations is such, that, Whereas the,Principal is the "subdivider" of Tract 14177 as such term is used in the.. Huntington Beach Ordinance Code, Article 996-13, and Principal is required by said Article 996-B to pay a fee of $59,288.17 in lieu of the dedication of land for park and recreational purposes prior to the recordation of the final map for Tract 14177; and Principal has requested deferral of the time to pay in lieu fees until the issuance of a certificate of occupancy or the final inspection of any unit thereof, whichever event shall first occur; Now, therefore, if Principal shall pay the Park and Recreational fees exacted by the City fully in a timely manner and prior to the issuance of a certificate of occupancy for the first unit in said Tract 14177 or prior to the final inspection of the first unit in the tract, whichever event shall first occur, the obligation shall be excused and shall be deemed null and void; otherwise the obligation will remain in full force and effect. 1 In Witness Whereof, the seal and signature of the Principal is hereto affixed and the corporate seal and name of the said surety is hereto affixed and attested by its duly authorized Attorney in Fact at Los Angeles this 11th day of July 1990. I i Pacific States Casualty Company, Inc. Summerhill Constantine Incorporated, a California Corporation By: ���y�.�...�.,. - By: Attorney i:: Fact Roge L. Swanson, President -�_ Norman E. Grattan, Jr. Keith Guericke, Vice President r y .0 A;; TO FORM:i CA[L ►!i!TTON ;rq trli y ly Attorney f POWER OF ATTORNEY OF /.,Tlcr.: N° 55654 PACIFICSTATES CASUALTY COMPANY 1. All power and authority herein granted in any event terminate on the 31st day of December,1993. 2. This Power of Attorney is void if altered or if any portion is erased. 3. This Power of Attorney is void unless the seal is readable,the text is in black ink the signatures are in red ink and this notice is in red ink 4. This Power of Attorney should not be returned to the Attorney-In-Fact,but should remain a permanent part of the obligee's records KNOW ALL MEN BY THESE PRESENTS,that,except as expressly limited,PACIFIC STATES CASUALTY COMPANY,does,hereby make,constitute and appoint Norman E. Grattan, Jr. the true and lawful Attorney-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporation as surety,bonds,undertakings and contracts of suretyship in an amount not exceeding$750,000 in any single undertaking;giving and granting unto said Attorney-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as said corporation could do,but reserving to said corporation full power of substitution and revocation; and all of the acts of said Attorney-in-Fact,pursuant to these presents,are hereby ratified and confirmed. The authority and powers conferred by this Power of Attorney do not extend to any of the following bonds,undertakings or contracts of suretyship: Bank depository bonds,mortgage deficiency bonds,mortgage guarantee bonds. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolution adopted by the Board of Directors of PACIFIC STATES CASUALTY COMPANY,effective as of August 3,1984; RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and tliat each of them hereby is authorized to execute Powers of Attorney,qualifying the attorney named in the Powers of Attorney to execute,on behalf of the corporation,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of the corporation be,and each of them hereby i$authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers 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 shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITN ESS WHEREOF,PACIFIC STATES CASUALTY COMPANY has caused these presents to be signed by its President and attested by its Secretary this 4th day of January 1988. 4P�g5 CgsO C' PPO a9a�< ATTEST PACT C ST S CASUALTY COMPANNY� C' ? FEB.1, O n d �rrFOR� rJD "Wv By * BY Bruce E.MacKenzie Esther R.Lowy,Secrete STATE OF CALIFORNIA ) SS. COUNTY OF LOS ANGELES ) On September 5,1989,before me,the undersigned,a Notary Public in and for said State,personally appeared Bruce E.MacKenzie and Esther R.Lowy,personally known to me(or proved to me on the basis of satisfactory evidence)to be the persons who executed the within instrument as President and Secretary on behalf of Pacific States Casualty Company,the corporation therein named,and acknowledged to me that the corporation executed it. WITNESS my hand and official seal. OFFICIAL SEAL TANIA SHPARAGA Signature c N07ARY PUBLIC -CALIFORNIA Notary P blic ? \ ' " LOS ANGfIES %OUNTY My comm. expires FM 1, 1993 CERTIFICATE The undersigned,as Secretary of PACIFIC STATES CASUALTY COMPANY,does hereby certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked;and furthermore,that the provisions of the resolution of the Board of Directors of said corporation set forth in the Power of Attorney,are in force as of the date of this Certificate. i This Certificate is executed in the City of Los Angeles,California,this 11 th day of July 199 90 r PACIFIC STATES CASUALTY COMPANY ae-1E6 CMG PPoq V G° 71 i r FEB.1, O n L n 1982 ; By d �t'loft� *�D PSC-S-101 (4/90) Esther R.Lowy. reta BOND NO. 4546 PREMIUM $1,008.00 SURETY BOND KNOWN ALL MEN BY THESE PRESENTS: That we, Summerhill Constantine Incorporated, • a California Corporation, as Principal, and Pacific States Casualty Company, a Corporation created, organized and existing under and by virtue of the laws of the State of California, and duly licensed to transact a general surety business in the State of California, as surety are held and firmly bond to the City of Huntington Beach, in the sum of Fifty-Nine Thousand Two Hundred Eighty-Eight Dollars and Seventeen Cents ($59,288.17), lawful money of the United Stated of America, to be paid to the said City of Huntington Beach for which payment, will and truly be made, we bind ourselves, our heirs, executors and successors jointly and severally, firmly by these presents. The condition of the above obligations is such, that, Whereas the Principal is the "subdivider" of Tract 14177 as such term is used in the. Huntington Beach Ordinance Code, Article 996-B, and Principal is required by said Article 996-B to pay a fee of $59,288.17 in lieu of the dedication of land for park and recreational purposes prior to the recordation of the final map for Tract 14177; and Principal has requested deferral of the time to pay in lieu fees until the issuance of a certificate of occupancy or the final inspection of any unit thereof, whichever event shall first occur; Now, therefore, if Principal shall pay the Park and Recreational fees exacted by the City fully in a timely manner and prior to the issuance of a certificate of occupancy for the first unit in said Tract 14177 or prior to the final inspection of the first unit in the tract, whichever event shall first occur, the obligation shall be excused and shall be deemed null and void; otherwise the obligation will remain in full force and effect. I _ In Witness Whereof, the seal and signature of the Principal is hereto affixed and the corporate seal and name of the said surety is hereto affixed and attested by its duly authorized Attorney in Fact at Los Angeles this llth day of July 1990. Pacific States Casualty Company, Inc. Summerhill Constantine Incorporated, a California Corporation A tto,ney in Fact Rogeik. Swanson, President Norman E. Grattan, Jr. B J� Keith Guerick%-, .'ice President GALL 110TTON 1'1.'Y fi'r,"J'Iti y i y Cl-t:y Attorney f POWER OF ATTORNEY OF - , Y /.,Tlcr: � N° 55654 PACIFICSTATES CASUALTY COMPANY 1. All power and authority herein granted in any event terminate on the 31st day of December,1993. 2. This Power of Attorney is void if altered or if any portion is erased. 3. This Power of Attorney is void unless the seal is readable,the text is in black ink the signatures are in red ink and this notice is in red ink. 4. This Power of Attorney should not be returned to the Attorney-In-Fact,but should remain a permanent part of the obligee's records. KNOW ALL MEN BY THESE PRESENTS,that,except as expressly limited,PACIFIC STATES CASUALTY COMPANY,does,hereby make,constitute and appoint Norman E. Grattan, Jr. the true and lawful Attorney-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporation as surety,bonds,undertakings and contracts of suretyship in an amount not exceeding$750,000 in any single undertaking;giving and granting unto said Attorney-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as said corporation could do,but reserving to said corporation full power of substitution and revocation; and all of the acts of said Attorney-in-Fact,pursuant to these presents,are hereby ratified and confirmed. The authority and powers conferred by this Power of Attorney do not extend to any of the following bonds,undertakings or contracts of suretyship: Bank depository bonds,mortgage deficiency bonds,mortgage guarantee bonds. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolution adopted by the Board of Directors of PACIFIC STATES CASUALTY COMPANY,effective as of August 3,1984: RESOLVED,that the Chairman of the Board.the President and any Vice President of the corporation be,and that each of them hereby is authorized toexecute Powers of Attorney,qualifying the attorney named in the Powers of Attorney to execute,on behalf of the corporation,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of the corporation be,and each of them hereby i;authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers 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 shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. I N WITNESS WHEREOF,PACIFIC STATES CASUALTY COMPANY has caused these presents to be signed by its President and attested by its Secretary this 4th day of January 1988. 10 C4SG PO °P ATTEST PACT CST S CASUALTY COMPANY r FEa.1. o n L n< 01k ; rF 0iy By • By Bruce E.MacK?nzie Esther R.Lowy.Secrete STATE OF CALIFORNIA ) SS. COUNTY OF LOS ANGELES ) On September 5,1989,before me,the undersigned,a Notary Public in and for said State,personally appeared Bruce E MacKenzie and Esther R.Lowy,personally known to me(or proved to me on the basis of satisfactory evidence)to be the persons who executed the within instrument as President and Secretary on behalf of Pacific States Casualty Company,the corporation therein named,and acknowledged to me that the corporation executed it WITNESS my hand and official seal. �... OFFICIAL SEAL TANIA Signature �J `^'� c H07ARY PUBLIC P CALIFORNIA Notary P blic '? LOS ANGfIES iAUF!'CY My comm. expires FEB 1, 1993 CERTIFICATE The undersigned,as Secretary of PACIFIC STATES CASUALTY COMPANY,does hereby certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked:and furthermore,that the provisions of the resolution of the Board of Directors of said corporation set forth in the Power of Attorney,are in force as of the date of this Certificate. i This Certificate is executed in the City of Los Angeles.California,this 11 th day of July 199 90 p PACIFIC STATES CASUALTY COMPANY tte C48`F047�l1 o � � FEB.1, O 0 i O 1982 ; By o /10% �T s PSC-S-101 (4/90) Esther R.Lowy, ecrets RCA ROUTING SHEET INITIATING DEPARTMENT: City Attorney/Community Development SUBJECT: Park & Recreation Fee Bond - Tract 14177 COUNCIL MEETING DATE: July 6, 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 Not Applicable 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) Attached 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; VREEWD RETUNEDR .. ..... FOR ED Administrative Staff ( ) ( VIA Y) Assistant City Administrator (Initial) ( ) ( ) City Administrator (Initial) City Clerk ( ) . ........ ....... EXPLANATION FOR RETURN OF ITEM. Only)(Below Space For City Clerk's Use RCA Author: (8) 07/07/97 - Coun(0:gency Agenda - Page 8 E-6. (City Council) Tract No. 14177 -Acceptance Of Bonds & Agreements -Approval Of Subdivision Agreements - Polygon Huntington Beach Associates - s/s Constantine Drive. e/o Beach Boulevard -Approve recommendation that the City Council accept the following bonds and instruct the City Clerk to file them with the City Treasurer. It is further recommended that the City Council approve the Subdivision Agreement and authorize the Mayor and City Clerk to execute and the City Clerk to file. 1. Faithful Performance Bond/Labor& Material Bond No. 3SM 889 854 00 and 2. Monument Bond No. 3SM 889 853 00. (American Motorists Insurance Company) Submitted by the Public Works Director [Approved 6-0 -- Julien: Absent] E-7. (City Council) Re-Appointment Of Public Works Commissioners - Carrol Smith & Hartae - 1. Re-appoint Wally Carroll to the Public Works Commission to serve his second and last term. This reappointment would expire June 30, 2001. 2. Re-appoint Philp Smith to the Public Works Commission to serve his second and last full term. This reappointment would expire June 30, 2001. 3. Re-appoint Bill Hartge to the Public Works Commission to serve his first full term. This reappointment would expire June 30, 2001. Submitted by the Public Works Director [Adopted 6-0 -- Julien: Absent] E-8. (City Council) Agreement Between City & County Of Orange -Authorization To Become A Participating Agency With The Orange County Health Care Agency As Par; Of A Certified Unified Program Agency (CUPA) -Approve and authorize the Mayor and the City Clerk to execute a Participating Agency Agreement with the County's Health Care Agency, Agreement between the County of Orange and the City of Huntington Beach for Implementation of Unified Program Element Requirements effective immediately for the purpose of continuing to administer the hazardous materials specific programs in the City of Huntington Beach. Submitted by the Fire Chief [Approved 6-0 -- Julien: Absent] E-9. (City Council) Resolution No. 97-42 -Clean Vessel Act Grant For Boat Pump-Out/Dump Station Facility At Warner Dock & Vessel Pump Out Facility Installation Contract (California Department Of Boating & Waterways Reimbursement) -Adopt Resolution No. 97-42 - "A Resolution Of The City Council Of The City of Huntington Beach Requesting A Grant From The Department Of Boating And Waterways For The Development Of A Boat Pump-Out/Dump Station Facility At Warner Dock'; and authorize the City Administrator to sign the grant contracts requesting a Clean Vessel Act Grant in the amount of$25,000 from the California Department of Boating and Waterways for the purchase of a replacement boat pump-out/dump station at Warner Dock, including purchase, installation, permits, and sewer line location. Submitted by the Community Services Director [Adopted 6-0 -- Julien: Absent] (8) tj, CITY OF HUNTINGTON BEACH Lo" 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK Ticor Title 800 North Main Santa Ana, CA Attn: Subdivision Officer Gentlemen: The City Council of Huntington Beach, at its regular meeting held Auqust 6, _1990 91 approved the Subdivision Agreement for Tract No. 14177• We are enclosing herewith a duly executed copy for your files. Sincerely, Connie Brockway City Clerk CB: bt Enclosure Received by: C Dated (Telephone:714-536-5227) E a company of R iI Estate Sheers Association 410842 409 East- �)wth Street, Santa Ana,CA 92701 %} �j C (714) 953-3122 PICK UP AT / BILL SEE: )DATE TIME S i // '` .�` �.J` i+�` 1 0 �� ADDREI DIRECT RUSH ECON. CITY SPECIAL INSTRUCTIONS: I 5 de SHIPPER SIGNATURE TIME r SERVICE REQUESTED BY DELIV,CHARGE DELIVER TO BILL O SEE: WAITING TIME ADDRESS Jr CITY 1 WEIGHT CONSIGNEE SIGNATURE TIME. ZF TOTAL =MAXIMUM$50.00 LIABILITY UNLESS OTHERWISE DECLARED BY SHIPPER= t� I I it •,, CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/ REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH DATE: TO: ATTENTION: Name Name lie DEPARTMENT: Street REGARDING: City,State,Zip See Attached Action Agenda Item Date of Approval Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. Remarks: / D �n —IPA614o Connie Brockway T City Clerk e// Attachments: Action Agenda Page Agreement Bonds Insurance RCA Deed Other CC: Name Department RCA Agreement Insurance Other Name Department RCA Agreement Insurance Other Name Department RCA Agreement Insurance Other Name Department RCA Agreement Insurance Other Risk Management Dept Insurance G:Followup/I ettcrs/coverltr (Telephone:714b364227► 1 Recording requested by, t _ and when recorded return to: Connie Brockway,City Clerk CU C1 Office of the City Clerk CITY OF HUNTINGTON BEACH Recorded in Official Records, County of Orange P.O.Box 190—2000 Main Street Gary Granville, Clerk-Recorder Huntington Beach,Ca. 92648 111111111111111111111111111111111111111111IIi1111111111NO FEE 20000310483 03:08pm 06113100 109 73 A04 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 (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 May 15, 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. 14177. Public improvements constructed consist of the curb, gutter, sidewalk,paving and street lighting within Constantine Drive, and the domestic water system and appurtenances within the private streets as defined and conditioned by the City on Tentative Map 14177. The Foregoing instrument is the City Clerk's Original Document Reflecting City Council Action Taken at June 5 , 2000 City Council Meeting Submitted for Recordation by the Orange County Recorder. Attest June 9 , 20 00 City Clerk and Ex-officio Clerk of the City Council f the City of Huntington Beach, California By. Deputy CITY OF HUNTINGTON BEACH by: City Engineer �ty Attorney X---, 37578 +I REC W Y: CITY CLERK RECEIPT COPY.. I / Return DUPLICATE to Jeffrey Hughes(ext.6260) (Na after signing/dating I 6-zo-c��� ! ` (Date) E 4 CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION F TO: Shari Freidenrich, City Treasurer ATTN: Jim Slobojan, Deputy City Treasurer FROM: DATE: ESUBJECT: Bond Acceptance r I. I have received the bonds for (Co any Name) = Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. ("Wrle 'r F• - Re: Tract No. 1,'117 7 CC No. E MSC No. Approved / G Agenda Item No. Ar (Co ncil Approval Date) /�Q City Clerk Vault No. Lf s r g:fjah/bondletter,doc f T- OT XV4 - Council/Agency Meeting Held: Deferred/Continued to: 0 Conditionally proved El Hied ApFroved Mo'-idty "e 's Signature Co uncil Meeting Date: June 5, 200 Department ID Number: PW 00-27 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, City Administrator 1PREPARED BY: ^BERT F. BEARDSLEY, Director of Public Works SUBJECT: APPROVE THE RELEASE OF SECURITIES FOR TRACT NO. 14177 AND ACCEPT THE PUBLIC IMPROVEMENTS Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status, I Attachment(s) Statement of Issue: Polygon Huntington Beach Associates, L.P., the developer of Tract No. 14177, located on the south side of Constantine Drive, approximately 660-feet east of Beach Boulevard, is requesting its bonds and agreement be accepted by City Council. Funding Source: Not applicable. Recommended Action: Motion to: 1. Accept the improvements constructed and dedicated for public use with Tract No. 14177; and, 2. Release Faithful Performance/Labor and Material No. 3 SM 889 854 00/`and Monument Bond No. 3 SM 889 853 00 pursuant to California Government Code Section No. 66499.7(b): and, 3. Accept Guarantee and Warranty Bond No. 3 SM 889 854 00; 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, Polygon Huntington Beach Associates, L.P., of this action and the City Treasurer to notify the Surety, American Motorists Insurance Company, of this action; and, 5. Instruct the City Clerk to record the "Notice of Acceptance of Public Improvements" (attached) with the Orange County Recorder. Alternative Action(s): Deny the recommended action. *QUEST FOR COUNCIL ACTION MEETING DATE: June 5, 2000 DEPARTMENT ID NUMBER: PW 00-27 Analysis: On August 6, 1990, the City Council approved Final Map No. 14177 and accepted bonds, the securities furnished for Faithful Performance/Labor and Material and Monuments. The project, however, was never constructed and the developer, Summerhill Constantine, Inc., sold the property and requested exoneration of its bonds which was approved by City Council on October 21, 1996. On July 9, 1996, the Planning Commission approved Conditional Use Permit No. 96-03 granting approval for Polygon Huntington Beach Associates, L.P., to construct 29 units on this site. Polygon Huntington Beach Associates, L.P., 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 curb, gutter, sidewalk, paving and street lighting within Constantine Drive, and the domestic water 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. 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 Guarantee and Warranty Bond No. 3 DM 889 854 00 as security. Following is a list of project data: Developer: Polygon Huntington Beach Associates, L.P., 15751 Rockfield, Suite 120, Irvine, CA 92718 Engineer: Hall & Foreman, 13821 Newport Avenue, Suite 200, Tustin, CA 92680-7803 Title Co.: Chicago Title Insurance, 16969 Von Karman Avenue, Irvine, CA 92606 (Formerly Ticor Title Insurance Company) Location: South side of Constantine Drive, approximately 660-feet east of Beach Boulevard Lots: 1 Lot Acreage: 2.506 Acres Zone: R3 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 14177(Acceptance) -2- 05/23/00 3:22 PM *QUEST FOR COUNCIL ACTIN MEETING DATE: June 5, 2000 DEPARTMENT ID NUMBER: PW 00-27 Attachment(s): City Clerk's Page Number 1 Location Map 2 Guarantee and Warranty Bond No. -3 DM 889 854 00 3 "Notice of Acceptance of Public Improvements" RCA Author: T. Elliott, phone extension 5580. TR 14177(Acceptance) -3- 05/15/00 3:34 PM ATTACHMENT 1 P ANNING SECTIONAL DISTRICT MAP 36-5-II -` CITY OF HUNTINGTON BEACH ORANGE COUNTY, CALIFORNIA USE OF PROPERTY MAP x. _• to eo \ TALBERT AVENUE J tI I1 � L CF-E , W W 1 N Log QkE.R AV Fjp r-•_ �t� u t C. TAILOR � � n � 1 4-12(u''(''�l'—'�'� n v to S O W r�( ..Pe 7OWN I J� woo.Lc g 110 e+ro .a ��.'.�g.� i• .E I ey g, Vee Y 2 W z to i` S 1 1J •r 0 i x z z :, M �I S iI GARFIELD � • AVENUE »,31 _ I e 1/7/99 Insurance Companies Commercial Lines Group AMERICAN 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 • Thomas G. McCall, K.R. Viodes, Victoria M. Campbell, Janina Monroe 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, 2001, unless sooner revoked for and on its behalf as surety, and as its act and deed: Name of Principal: POLYGON HUNTINGTON BEACH ASSOCIATES. , .LP. . Bond No.: 3SM 889 854 00 Penal Sum: $ 15,062.00 Name of Obligee: CITY OF HUNTINGTON BEACH Description: WARRANTY BOND 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, drab 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 Hilly 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, 2001. This Power of Attorney is executed by authority of a resolution adopted by the Executive Committee of the Board of Directors of said Amencan 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 attomeys-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 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 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 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 SX`r�= J.S. Kemper, III, Exec,Vice President Robert P. Hames, Secretary 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. "OFFICIAL SEAL" IRENE KLEWER NOTARY PUBLIC,STATE OF ILLINOIS *My Commission Expires Jan.28,2002 Irene Klewer, Notary Public My commission expires: 1-28-02 CERTIFICATION 1, J.K Conway, Secretary of the American Motorists Insurance Company,do hereby certify that the attached Power of Attorney 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 Attorney as Exec.Vice President and Secretary respectively 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 seal of the American Motorists Insurance Company on this 25th day of JANUARY . 19 99 V 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)320-2108. FM 362-10 5-91 Power of Attorney-Term PRINTED IN U.S.A. ATTACHMENT 3 RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Approve the Release of Securities for Tract No. 14177 and Accept the Public Improvements COUNCIL MEETING DATE: June 5, 2000 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 Attomey) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attomey) 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 Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVLEWED .. RETURNED ° `FORW RDED Administrative Staff ( ) Assistant City Administrator (Initial) ( ) ( ) City Administrator (Initial) ( ) ( AIR ) City Clerk ( ) . EXPLANATION_FOR RETURN OF ITEM: SpaceOnly) RCA Author: T. Elliott, phone extension 5580. He 4 (CITY ®F HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH Connie Brockway, City Clerk Office of the City Clerk Liz Ehring, Deputy City Clerk II To: Date: 40 Meeting Date: w Agenda Item � : /! / 7`-/�7� Proposed City Council Agenda ems: 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: Elaine Kuhnke, Management Assistant, Administration 1. Signature(s)Needed A On RCA B 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 esponsible for obtaining insurance certificate on this item.(See form attached) 5. Wording On Request For Council Action(TA)Unclear A Recommended Action on RCA not complete B Clarification needed on RCA C Other 6. City Attorney Approval Requir d 7. Agreement Needs To Be Changed A Page No. 8. Other e: P Gagenda/mischcaform SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND POLYGON HUNTINGTON BEACH ASSOCIATES, L.P. FOR TRACT NO. 14177 THIS AGREEMENT is entered into this 7 th day of Jul y , 1997, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY," and POLYGON HUNTINGTON BEACH ASSOCIATES, L.P., a California limited 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. 14177; 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) 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 Chapter 225 of CH Y'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/PCDrrract14177/1/7/97 ,av kJ Council/Agency Meeting Held: 722197 Deferred/Continued to: ❑Approved ❑ Conditionally Approved ❑ Denied City Cle 's Signature Council Meeting Date: July 7, 1997 Department ID Number: PW 97-059 ITY OF HUNTINGTON BEACH QUEST FOR COUNCIL ACTION Z a N � 1 SUBMITTED TO: HONO BLE MAYOR AND CITY COUNCIL MEMBERS _ <-A Q -�-t.t7� Tit Cj n1 m SUBMITTED BY: MICHAEL UBERUAGA, City Administrator — o _'' �= r- Y PREPARED BY: ES M. JONE II, Director of Public Works SUBJECT: Tract No. 14177 - Acceptance of Bonds &Agr ent Statement of Issue,Funding Source,Recommended Action Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Polygon Huntington Beach Associates, L.P., the eveloper of Tract No. 14177 located on the south side of Constantine Drive, approximate 660 feet east of Beach Boulevard, is requesting their bonds and agreement be accepted b City Council. Funding Source: Not applicable Recommended Action: It is recommended that the City Council accept the following b nds and instruct the City Clerk to file them with the City Treasurer. It is further recommend d that the City GI�rl®- the Subdivision Agreement c=-� o���L f17e 10,410A 4nJ! niiclElek . -;yec, �e C"C�'pp,,s".0. 1. Faithful Performance/Labor & Material Bond No. 3SM 889 854 00 2. Monument Bond No. 3SM 889 853 00 Alternative Action(s): Deny the recommended action. 19LQUEST FOR COUNCIL ACRUN MEETING DATE: July 7, 1997 DEPARTMENT ID NUMBER: PW 97-059 Analysis: On August 6, 1990, the City Council approved Final Map No. 14177 and accepted bonds, the securities furnished for faithful performance, labor and material and monuments. The project, however, was never constructed and the developer, Summerhill Constantine Inc. sold the property and requested exoneration of their bonds which was approved by City Council on October 21, 1996. On July 9, 1996, the Planning Commission approved Conditional Use Permit No. 96-03 granting approval for Polygon Huntington Beach Associates, L.P. to construct 29 units on this site. Polygon Huntington Beach Associates, L.P. is now posting their own bonds for faithful performance, labor and material and monuments. Following is a list of project data: Subdivider: Polygon Huntington Beach Associates, L.P., 15751 Rockfield, Ste 120, Irvine, Ca. 92718 Engineer: Hall & Foreman, 13821 Newport Ave., Ste. 200, Tustin, Ca. 92680-7803 Location: South side of Constantine Drive, approximately 660 feet east of Beach Blvd. Lots: 1 Lot Acreage: 2.506 Acres Zone: R3 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): Clerk'sCity Page Number ..... 1 Location Map 2 Subdivision Agreement 3 Faithful Performance/Labor& Material Bond No. 3SM 889 854 00 4 Monument Bond No. 3SM 889 853 00 RCA Author: B. Crosby, phone extension 5247. 0026182.01 -2- 06/18/97 11:04 AM e 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 COUNCIUREDEVELOPMENT AGENCY APPROVED ITEM DATE: TON: ,C./PATTENTION: NarT1 �d DEPARTMENT: Sue _ ai 7 REGARDING: City,State,Zip See Attached Action Agenda Item " Co Date of Approval 9 7 Enclosed For Your Records Is An Executed Copy Of The Above Referenced Item For Your Records. onnie Brockway City Clerk Attachments: Action Agenda Page/ Agreement—Z Bonds Insurance RCA Deed Other Remarks: CC: �f �✓ V D:5me RC Agreem t II u� Other Name Department RCA Agreement Insurance Other Tame Department R.CA Agreement Insurance Other Risk Management Department Insurance Copy G:Followup!agrmts'transltr (Telephone:714.536-5227) ATTACHMENT 1 r._ A m NOT TO SCALE LL -- � Y 0 CONSTANTINE DR. 02 TR. 14177 ac O W O H 3 ti W Y J f H Z H J U Z T J O R' U KATHERINE AVE. U r LJ -j F-- J GARFIELD —, ATTACHMENT NO. 1 LOCATOON MAP 9JA CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS tr14177 f� C � 1 J� City of Huntington Beach • P.O.Box 190-2000 Main Street Huntington Beach,California 92648 l HUNTINGTON BEACH ( Z j Fr om om the desk of: Janelle Case Deputy City Clerk Telephone: (714) 536-5260 Fax: (714) 374-1557 01 /IX V14 czlc'� • �l�/ ��-DPW � -nano -A AD/" Council/Agency Meeting Held: 7)2h 7 Deferred/Continued to: ❑Approved ❑ Conditionally Approved ❑ Denied City CIA's Signature Council Meeting Date: July 7, 1997 Department ID Number: PW 97-059 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION a SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS `' m p W :> ^1 m SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrator o s �" PREPARED BY: ES M. JONES II, Director of Public Works � SUBJECT: Tract No. 14177 -- Acceptance of Bonds & Agr ent Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Polygon Huntington Beach Associates, L.P., the developer of Tract No. 14177 located on the south side of Constantine Drive, approximately 660 feet east of Beach Boulevard, is requesting their bonds and agreement be accepted by City Council. Fundinq Source: Not applicable Recommended Action: It is recommended that the City Council accept the following bonds and instruct the City Clerk to file them with the City Treasurer. It is further recommended that the City Glei~k4440 the Subdivision Agreement, c�- o��L� fl7e ,IAXOR ..4nd C,��C/ERk ��e«fe Z 1. Faithful Performance/Labor & Material Bond No. 3SM 889 854 00 2. Monument Bond No. 3SM 889 853 00 Alternative Action(s): Deny the recommended action. QUEST FOR COUNCIL ACTS MEETING DATE: July 7, 1997 DEPARTMENT ID NUMBER: PW 97-059 Analysis: On August 6, 1990, the City Council approved Final Map No. 14177 and accepted bonds, the securities furnished for faithful performance, labor and material and monuments. The project, however, was never constructed and the developer, Summerhill Constantine Inc. sold the property and requested exoneration of their bonds which was approved by City Council on October 21, 1996. On July 9, 1996, the Planning Commission approved Conditional Use Permit No. 96-03 granting approval for Polygon Huntington Beach Associates, L.P. to construct 29 units on this site. Polygon Huntington Beach Associates, L.P. is now posting their own bonds for faithful performance, labor and material and monuments. Following is a list of project data: Subdivider: Polygon Huntington Beach Associates, L.P., 15751 Rockfield, Ste 120, Irvine, Ca. 92718 Engineer: Hall & Foreman, 13821 Newport Ave., Ste. 200, Tustin, Ca. 92680-7803 Location: South side of Constantine Drive, approximately 660 feet east of Beach Blvd. Lots: 1 Lot Acreage: 2.506 Acres Zone: R3 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 ........................ ............. ......... ....................... ............. ............ .................................... ............. 1 Location Map 2 Subdivision Agreement 3 Faithful Performance/Labor& Material Bond No. 3SM 889 854 00 4 Monument Bond No. 3SM 889 853 00 RCA Author: B. Crosby, phone extension 5247. 0026182.01 -2- 06/18/97 11:04 AM CITY OF HUNTINGTON BEACH ' 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CRY CLERK CITY CLERK LETTER OF TRANSMITTAL REGARDING ITEM APPROVED BY THE CITY COUNCIUREDEVELOPMENT AGENCY APPROVED ITEM DATE: TO: eLe.//PATTENTION:- N Tarn / / 7J / D DEPARTMENT: Stre _ r 7 REGARDING: City,State,Zip See Attached Action Agenda Item Co Date of Approval 9 7 Enclosed For Your Records Is An Executed Copy Of The Above Referenced Item For Your Records. onnie Brockway City Clerk Attachments: Action Agenda Page/ Agreement—Z Bonds Insurance RCA Deed Other Remarks: CC: ��� V ✓ DNS D7rimepttV RC Agreem t I surer rant/ Other Name Department RCA Agreement Insurance Other Name Department RCA Agreement Insurance Other Risk Management Department Insurance Copy_ G:Followu p.'a grmts`transltr (Telephone: 714-536-5227) aTTacxMENT I A m NOT TO SCALE LL -_ � 0 x CONSTANTINE DR• TR. 14177 A o � 3 ti w Y J V; Z N J x U Z J 0 a U KATHERINE AVE. S Q w J W EJ ~ J GARFIELD ATTACHMENT NO. 1 LOCAT0ON MAP CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS tr14177 ATTACHMENT 2 SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND POLYGON HUNTINGTON BEACH ASSOCIATES, L.P. FOR TRACT NO. 14177 THIS AGREEMENT is entered into this 7 t h day of Ju 1 y , 1997, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY," and POLYGON HUNTINGTON BEACH ASSOCIATES, L.P., a California limited 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. 14177; 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) 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 MIPCD/Traat14177/1/7/97 a- 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. 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 3/k/PCDlrract14177/117/97 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 One Hundred Fifty Thousand Six Hundred Twenty Dollars ($150,620) as prescribed by Section 255.16 therof, 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 31WIDC Urract14177/1 l7197 6. WORKERS' COMPENSATION INSURANCE Pursuant to Califomia Labor Code § 1661, 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 the PROJECT shall be deemed excess coverage and that SUBDIVIDER's insurance shall be primary. 4 MIPCD/rractl 4177/l/7/97 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. - 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. 5 3/k/P C D/Tract 14177N/7/97 9. ATTORNEYS 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. POLYGON HUNTINGTON BEACH CITY OF HUNTINGTON BEACH, A ASSOCIATES, L.P., a limited partnership, municipal corporation of the State of California By. Greg R. Petersen,. Vice President Partner Mayor ATTEST: EVIEWED AND APPROVED: L4jMM�� City Clerk "J /p q-1 City Administrator APPROVED AS TO F RM: Cit Attorney =�?C."* INITIATED AND APPROVED: City Engineer 6 3/k/PCD/Tract14177/1!7/97 w SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND POLYGON HUNTINGTON BEACH ASSOCIATES, L.P. FOR TRACT NO. 14177 TABLE OF CONTENTS Section Pane 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.................................5 9 Attorneys' Fees......................................................................................................5 3/k/PCD/Tract14177/1/7/97 ATTACHMENT 3 I have received Faithful Performance/Labor& Material Bond No. 3SM 889 854 00 and Monument Bond No. 3SM 889 853 00 Re: Tract No. 14177 - Polygon Huntington Beach Associates, L.P. Dated: 7 q? By: ' • BOND NO. 3SM 9 854 00 PREMIUM i2,JIF-0/2 y, F!RST TERM PREMIUM FULLY. EARNED_ FAITHFUL PERFORMANCE BOND WHEREAS,the City Council of the City of Huntington Beach,State of California,and POLYGON HUNTINGTON BEACH ASSOCIATES, L.P. (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 Tr 11141 7 7 ,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 ONE HUNDRED FIFTY THOU SAND_SIX_HUNDRED_TWENTY Sum Of a dollars($ 150,620.00 ) Nn ntn t nn'h __ 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. i 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 27, 1g9, POLYGON HUNTINGTON BEACH ASSOCIATES, L.P., a California limited partnership By: Polygon Communities, Inc. , a Washington corp ration, its General Partner as Principal By Greg R. Pptprsen, vine vresident By AMERICAN MOTORISTS INSURANCE as Surty �.V A COMP NY By VICTORIA M CAMPBELL By ATTORNEY-IN-FACT 2 } STATE OF CALIFORNIA } SS. COUNTY OF ORANGE } On December 3 . 1996 before me, Charlotte L. Baxter personally appeared Greg R. Petersen 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) acted, executed the instrument. WITNESS m and an�offic' se I. Signat re r (This area for official notarial seal) CHARLOTTE L.BAXTER COMM.f 1058533 =� 1 Notary Public—Colifomia Z ORANGE COUNTY o� My Comm.Expires MAY 10.1999 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 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 3 State of California • County of Orange On November 27, 1996 before me, K. R. Viodes, Notary. Public DATE NAME, TITLE OF OFFICER -E.G., •JANE DOE. NOTARY PUBLIC' personally appeared Victoria M. Campbell *********** NAME(S) OF SIGNER(S) ❑ personally known to me - OR- ❑ to be the person(s) whose name( is/mot subscribed to the within instrument and acknowledged to me that :tom/she/tbW executed the same in } /her/tfiNY, authorized capacity(Ps), and that by:tt�s/her/tmEbx signature N� on the instrument the person, or the entity upon behalf of which the person*) K. R. VIODES acted, executed the instrument. COPA1,1. ;;'1019554 NOIARY PUBLIC-CALiF,^,'RNIA �f ORANGE COUNTY WIT N SS my hand and official seal. it MY COMIMISSION EXPIRES MAY 4, 1998 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 ❑GENERAL RX ATTORNEY-IN-FACT NUMBER OF PAGES ❑TRUSTEE(S) ❑GUARDIAN/CONSERVATOR ❑OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: SIGNER(S) OTHER THAN NAMED ABOVE NAME OF PERSON(S) OR ENTITY(IES) BOND NO.3SM 889 854 00 • PREMIUM INCLUDED IN PERF BON LABOR AND MATERIAL BOND WHEREAS,the City Council of the City of Huntington Beach,State of California,and POLYGON HUNTINGTON BEACH ASSOCIATES, L.P. (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 Tr #141 7 7 ,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 SEVENTY FIVE THOUSAND THREE HUNDRED TEN AND NO/100ths dollars($ 75,310.00 ),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 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 afo obligation on this bond,and it does hereby waive n•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 November 27, ,Jg 96 POLYGON HUNTINGTON BEACH ASSOCIATES L.P. a California 1 i mi ed p artnPrshi n as Principal By: Polygon C mmunities, Inc. , a Washington corporation, By. it e 1&artner By: Greg R. Petersen, Vice President AMERICAN MOTORISTS INSURANCE COMPANY Surety By: WfIA �I /f VICTORIA M CAMPBELL By: ATTORNEY-IN-FACT 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 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 8090 2 8090 State of California • • County of Orange On November 27, 1996 before me, K. R. Viodes, Notary. Public DATE NAME. TITLE OF OFFICER -E.G.. 'JANE DOE. NOTARY PUBLIC' personally appeared Victoria M. Campbell *********** NAME(S) OF SIGNER(S) ❑ personally known to me - OR- ❑ to be the person(s) whose nameM is/aNx subscribed to the within instrument and acknowledged to me that )be/she/ttW executed the same in } /her/MX authorized capacity(), and that by)txis/her/tmhx signature N� on the instrument the I<. R. VIODES N ; person( , or the entity upon behalf of which the person o t_ R COF.1�,1. ;r1019554 acted, executed the instrument. r.'01A.aY ?U3LIC•CALIFJPfJl.4 { v JI ORANGE COUNTY MY COMMISSION EXPIRES MAY 4, 1998 ;t WITNESS my hand and official seal. VIU 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 ❑GENERAL DATTORNEY-IN-FACT NUMBER OF PAGES ❑TRUSTEE(S) ❑GUARDIAN/CONSERVATOR ❑OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: SIGNER(S) OTHER THAN NAMED ABOVE NAME OF PERSON(S) OR ENTITY(IES) i } STATE OF CALIFORNIA ) SS. COUNTY OF ORANGE } On December 3 , 1996 before me, Charlotte L. Baxter personally appeared Greg R. Petersen 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) acted, executed the instrument. WITNES y hand a d offici seal. Si nature 01 (This area for official notarial seal) CHARLOTTE L.BAXTER COMM.d 1058533 Notary Public—California ORANGE COUNTY My Comm.Expires MAY 10,1999 AMERICAN MOTORISTS INSURANCE COMPANY Home Office: Long Grove, IL 60049 �7 14Zad'lO 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 VICTORIA M CAMPBELL its true and lawful agent(s) and attorneys)-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 ar:d Name of Principal: POLYGON HUNTINGTON BEACH ASSOCIATES, L.P. Bond No.: 3SM 889 853 00 Penal Sum: $ 1,000.00 Name of Obligee: CITY OF HUNTINGTON BEACH Description: MONUMENT BOND TR fi 1417 7 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`%�o cr r:ore- fronds 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 �fo'crsa C:�:;,par.y. 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 Attomey 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 attomeysA fact, and to authors a them to execute on behalf of the Compan , and attach the seal 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 of 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 certmcations 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 26th day of July , 1993 Attested and Certified: AMERICAN MOTORISTS INSURANCE COMPANY obert P. Harries, Secretary . emper, , ec, vice Presiden NOTE: ANY ERASURES OR WHITE OUT%MLL VOID THIS POWER OF AT'r0PN1r:v 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. 4 . r.ne xs:wv ► 4 NOMY POWs,stye a Efciof. ► . '4 +yo°'a.+o.cam...vmn ► Irene Klewer, Notary Public My commission expires: 1-28-98 CERTIFICATION 1, J.K Conway, Secretary of the American Motorists Insurance Company, do hereby certify that the attached Power of Attorney 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 k,,,ho executed the Power of Attorney as Exec.Vice President and Secretary respectively 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 corporates I of the American Motorists Insurance Company on this 27th day of November , 19 it 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(647)320-2160. FM 362-10 5-91 Power of Attorney-Term PRINTED IN U.S.A. • ATTACHMENT 411 BOND NO. 3SM 889 853 00 PREMIUM $100.00/2 yr " ST TEc;: FULL, uAikik'Ll MONUMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT POLYGON HUNTINGTON BEACH ASSOCIATES, L.P. as Subdivider of Tract No. 14177 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 POLYGON HUNTINGTON BEACH ASSOCIATES, L.P. (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 $ 1,000.00 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 27th day of November 119 96 POLYGON HUNTINGTON BEACH ASSOCIATES, L.P. . a California limited partnership .a : Pol as Principal as n poration, its General Partner By: By: Greg R. Petersen, Vice President AMERICAN MOTORISTS INSURANCE COMPANY as Surety By: ��Ifta fn �o N VICTORIA M CAMPBELL By: ATTORNEY—IN—FACT } STATE OF CALIFORNIA ) SS. COUNTY OF ORANGE } On December 3 , 1996 before me, Charlotte L. Baxter personally appeared Greg R. Petersen 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) acted, executed the instrument. WITNESS my and and offici e Sig ture (This area for official notarial seal) CHARLOTTE L.BAXTER COMM.t 1058W z =es �_ Notary Public—California "+ ORANGE COUNTY My Comm.Expires MAY 10.1999 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 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 8092 State.bf California County of Orange On Novemer 27, 1996 before me, K. R. Viodes, Notary.Public DATE NAME. TITLE OF OFFICER-E.G., 'JANE DOE, NOTARY PUBLIC* personally appeared Victoria M. Campbell *********** NAME(S) OF SIGNER(S) ' i 0 personally known to me - QR- ❑ p :t® �x*a)bmw �c�€d�l�s� to be the person(s) whose name( is/airy subscribed to the within instrument and acknowledged to me that be/she/RW executed the same in ) IherlftNK authorized capacity(PR), and that by�ft/her/tax signature( on the instrument the s< 4 I /•^,•�, K. R. VIODES person, or the entity upon behalf of which the person COMM. r 1019554 � acted, executed the instrument. 2 \`?` ; ° NOTARY PUBLIC•CALIF-DR1161 5 ORANGE COUNTY WIT . ESS my hand and official sea(. MY COMMISSION EXPIRES MAY 4, 1998 it - i I SIGNATURE OF NOTARY i 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. I CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑INDIVIDUAL I ❑CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) +I ❑PARTNER(S) ❑LIMITED I lI ❑GENERAL DATTORNEY-IN-FACT NUMBER OF PAGES ❑TRUSTEE(S) ❑GUARDIAN/CONSERVATOR ❑OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: SIGNER(S) OTHER THAN NAMED ABOVE NAME OF PERSON(S) OR ENTITY(IES) r—� �/' AM C9�P7105. /ERICAN MOTORISTS INSURANCE COMPANY / a� Home Office: Long Grove, IL 60049 � . � POWER OF ATTORNEY Know All Men By These Presents: That the American Motorists Insurance Company, a corporation or and existing under the laws of the State of* Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint VICTORIA M CAMPBELL its true and lawful agent(s) and attorneys)-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: POLYGON HUNTINGTON BEACH ASSOCIATES, L.P. Bond No.: 3SM 889 854 00 Penal Sum: $ 150,620.00 Name of Obligee: CITY OF HUNTINGTON BEACH Description: TR #14177 PERFORMANCE AND LABOR&MATERIAL 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 bo:;ds i;i� e;dar 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 Compa-m . 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 ofAttomey 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.Chaiman 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 aft meys"n-fact,and to authorize them to execute on behalf of the Compan ,and attach the seal ofthe 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 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 writingg 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 attaaied, 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 i Robert P. Haines, Secretary emper, III, Exec, Vice Fresiaen 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. Hames 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 ge%W'OFFICIAL ► 4 ZLsrce� /�X wn. rK ►. 4 Motn qua StW a(Wfflh )I 4 W cow""&PIM tmm ► Irene Klewer, Notary Public My commission expires: 1-28-98 CERTIFICATION I, J.K Conway, Secretary of the American Motorists Insurance Company, do hereby certify that the attached Power Attorney Attoey 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. Hames who executed the Power of Attorney as Exec.Vice President and Secretary respectively 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, 1 have hereunto subscribed my name and affixed the corporate sea of the American Motorists Insurance Company on this 27th day of November , 19 9 J. K Conway,Corporate Secretary e 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. 1 r � (6) Page 6 - Council/Agency Agenda - 10/21/96 E-8. (City Council) Resolution No. 96-97 - Status Of Circulation Element For Huntington Beach - Adherence To Orange County Combined Transportation Funding Program (OCCTFP) - 'A Resolution Of The City Council Of The City Of Huntington Beach Concerning The Status Of The Circulation Element For The City Of Huntington Beach." Submitted by the Public Works Department (Required to remain eligible for Measure M funds and County Arterial Highway Funding Program.) [Adopted 7-0] E-9. (City Council) Release Of Securities - Tract No. 14177 - Summerhill Constantine, Inc. - s/s Constantine Drive, e/o Beach Boulevard - 1. Release the applicable bonds posted for faithful performance, labor and material and monuments; and 2. instruct the City Clerk to notify the developer, Summerhill Constantine Inc. of this action, and the City Treasurer to notify the bonding company, Pacific States Casualty Company, of this action. Submitted by the Public Works Department [Approved 7-0] - E-10. (City Council) Notice Of Completion -Warner Avenue Relief Drain & Michael Drive Storm Drain Systems - CC-897 & CC-1015 -Accept the improvements of the Warner Avenue Relief Drain and Michael Drive Storm Drain Systems at a final cost of $253,685 and authorize the City Clerk to file a Notice of Completion with the Orange County Recorder. Submitted by the Public Works Department [Adopted 7-0] E-11. (City Council) Release Of Securities - City Acceptance Of Tract No. 13625 - Ocean_ Point Partners - Bounded By Goldenwest Street/Palm Avenue/22nd Street/Walnut Avenue - 1. Accept the improvements constructed and dedicated for public use within Tract No. 13625; 2. release the applicable bonds posted for faithful performance, labor and material and monuments; and 3. accept Guarantee and Warranty Bond No. 11132826550, 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, Ocean Point Partners, of this action, and the City Treasurer to notify the bonding company, the American Insurance Company, of this action. Submitted by the Public Works Department [Approved 7-0] E-12. (City Council) Resolution No. 96-98 - Plans & Specifications - Flood Control Improvements To The Talbert Channel From Hamilton Avenue To Atlanta Avenue - OCEMA - 'A Resolution Of The City Council Of The City Of Huntington Beach Approving Plans And Specifications For The Construction Of Improvements To The Talbert Channel From Hamilton Avenue To Atlanta Avenue By The Orange County Environmental Management Agency And Funded By The Orange County Flood Control District." Submitted by the Public Works Department (Adopted 7-01 (6) To: Shari Freidejich +' From: LOVELACP • r Cc : Bcc : Subject : Park and Rec Fees for Tract # 14177 Attachment : Date : 5/27/98 10 :36 AM I thought you might be interested in the following chain of events . Last week in general conversation with Scott Field , I found out that the City had received a check for $59288 . 17 for Park and Rec fees from Polygon Assoc . in payt steming from a legal request that we had sent up to the City Attorney back in Nov. 1997 . This was the case involving the people from Summerhill /Constantine and the people from Polygon. The tract # 14177 had been sold and the Park and Rec fees were never paid , the 2 companies were both saying the other was responsible , etc. After hearing from Scott Field that the City had received the check, I inquired as to the " whereabouts " of the check. He couldn' t remember at the time . I asked him to please let me know something as soon as he could remember. On Tuesday 26th , I called Scott and left a message again. This a.m. Scott called me and said the check had been sent down to Comm. Dev. dept . I called up there and inquired about the check - they had in fact received the check several days ago. They wrote a receipt for it and sent it down to the Treas for validation and depositing. Our staff had no idea that this was something that should have been handled differently or that one of us should have been notified. I have made a copy of the check and the receipt - you might notice the check is dated 5/7/98 and the receipt is dated 5/18/98 . I wish there would be better communication between depts . Had I not heard about the City receiving the check- we would still be waiting. We are still holding the Surety Bond for Summerhill/Constantine and the City Clerk has to be notified so they can submit to Council for the release. All this makes the City and their procedures look bad. r s r � � t I �+ POLYGON HUNTINGTON BEACH ASSOC., LP SANWA BANK 181 Old Springs Road Newport Beach Office 4400 MacArthur Blvd. 16-351 / 1220 Anaheim, CA 92808 Newport Beach,CA 92660 (714)279-8989 DATE CHECK NO. AMOUNT 5-7-98 2075 ****$59,288.17 **FIFTY-NINE THOUSAND** **TWO HUNDRED EIGHTY-EIGRT AND 17/100 DOLLARS** PAY TO THE ORDER OF CITY OF HUNTINGTON BEACH PO BOX 190 200 MAIN ST. ` HUNTINGTOM BCH. CA 924648 0" \-ALIDDI 11200 20 7 511' 1: 1 2 200 3 5 161: 10 6 411- 1 1 4 9 911' s I • • OFFICE OF CITY ATTORNEY f i,i1 C P.O. Box 190 2000 Main Street Telephone Gall Hutton Huntington Beach, California 92648 (714) 536-5555 City Artorney Fax (714) 374-1590 April 13, 1998 Jim Flood, Project Manager E C E Polygon Communities 181 Old Springs Road APR. 1 4 1998 Anaheim, CA 92808 Re: Tract No. 14177 COP✓,!�D N TY DEVELOPMENT Park& Recreation Fees Dear Mr. Flood: Last July 7, 1997, Polygon assumed responsibility.of Tract No. 14177 from the previous subdivider, Summerhill Constantine Inc. (The Request for Council Action regarding Tract No. 14177, dated July 7, 1997, and Subdivision Agreement in which Polygon agrees to complete all conditions of the tract map, are enclosed.) Originally, when Summerhill Constantine had obtained tract map approval,they were required to comply with Section 254.08 of the Huntington Beach Zoning & Subdivision Code. Under this provision, a subdivider is required to dedicate land to serve the park and recreational facility needs of the residents of the subdivision, or to pay a fee in lieu of dedication equal to the amount of the value of the land required to be dedicated. In this case, the fee was determined to be $59,288.17 and pursuant to the Code, Summerhill elected to defer payment of the Park& Recreation Fees by posting a bond in the amount of $59,288.17. (A copy of the Request for Council Action regarding Tract No. 14177, dated August 6, 1990, and the bond, No. 4546, are enclosed.) When Polygon assumed the tract obligations, it also agreed to pay the fee. Since that fee has not yet been paid, old has been placed on final inspectio of the last unit of Tract 14177. If you can clear up this matter quickly, we can release that unit. Please don't hesitate to call me if you should have any questions. Sincerely, Scott F. Field , Deputy City Attorney Attachments U � � •a7G-J c: Ross Cranmer, Building & Safety Director ► n Melanie Fallon, Director of Community Development Shari Freidenrich, City Treasurer Ron Hagan, Director of Community Development David Webb, Principal Engineer Howard Zelefsky, Planning Director SF-98Ltrs:Po1y0409 Nt 3/98.a3 * CASH RECEIPT' �r COMMUNITY DEV )PMENT Address All Correspondence Ta i f P.Q.BOx 190 i HUNTINGTON BEACH CAUFORNIA 92640 OR.CALL(714)53 24i . DJ1TE HUNTFOINGTON RECENm FROM ADDRESS 3 fit'... -.. - - -,♦' - ]i --.. FOR IV oe RECEIVED 61f CASH HECK ❑CREDIT CARD BU NG MIT BUILDING PLAN REVIEW CERTIFICATE OF OCCUPANCY DOWN TOWN SPECIFIC PLAN(Dl ~ ELECTRICAL PERMIT/PLAN REVIEW LIBRARY DEVELOPMENT . : f J MECHANICAL PERMIT/PLAN REVIEW MICROFILM COPY OF.PLANS I MICROFILM COPY-.OF RECORDS PARK&RECREATION PERMIT ISSUANCt/STAFF RESEARCH PLANNING PLAN REVIEW` I: PLUMBING PERMIT/PLAN REVIEW SIMMMING.POOL.PERMff I` .TRAFFIC'IMPACT•• f : . . ZONING APPLICATIONS OTHER " z TOTAL 13 r t AMOUNT RECEIVED i a � f77 4.1 i S 47, 3i3816 3 .�54288:iT^, 19g6 Q9 Atf f ll 723 ; 4'� r.�'z }, r.e+ '} � t 2 r 1. i 't� t - •-"`+ x'.F ci. �L- 1 a. lie,� : dl$Vl " � k t ' t BOND NO. 4546 PREMIUM $1,008.00 SURETY BOND KNOWN ALL MEN BY THESE PRESENTS: That we, Summerhill Constantine Incorporated, . a California Corporation, as Principal, and Pacific States Casualty Company, a Corporation created, organized and existing under and by virtue of the laws of the State of California, and duly licensed to transact a general surety business in the State of California, as surety are held and firmly bond to the City of Huntington Beach, in the sum of Fifty-Nine Thousand Two Hundred Eighty-Eight Dollars and Seventeen Cents ($59,288.17), lawful money of the United Stated of America, to be paid to the said City of Huntington Beach for which payment, will and truly be made, we bind ourselves, our heirs, executors and successors jointly and severally, firmly by these presents. The condition of the above obligations is such, that, Whereas the Principal is the "subdivider" of Tract 14177 as such term is used in the. Huntington Beach Ordinance Code, Article 996-B, and Principal is required by said Article 996-B to pay a fee of $59,288.17 in lieu of the dedication of land for park and recreational purposes prior to the recordation of the final map for Tract 14177; and Principal has requested deferral of the time to pay in lieu fees until the issuance of a certificate of occupancy or the final inspection of any unit thereof, whichever event shall first occur; Now, therefore, if Principal shall pay the Park and Recreational fees exacted by the City fully in a timely manner and prior to the issuance of a certificate of occupancy for the first unit in said Tract 14177 or prior to the final inspection of the first unit in the tract, whichever event shall first occur, the obligation shall be excused and shall be deemed null and void; otherwise the obligation will remain in full force and effect. In Witness Whereof, the seal and signature of the Principal is hereto affixed and the corporate seal and name of the said surety is hereto affixed and attested by its duly authorized Attorney in Fact at Los Angeles this 11th day of July 1990. Pacific States Casualty Company, Inc. Summerhill Constantine Incorporated, a California Corporation By: By: Atto�ne; in Fact Roaeik. Swanson, President tv!L Norman E. Grattan, Jr. _ B ' ' Keith G uericke, Vice President I ' -4_VRO V ED AS TO FOU:I GAIL 1-11ITTON (',f TY ."-,D'-tY City Attorney POWER OF ATTORNEY OF " N° 55654 • PACIFIC STATES CASUALTY COMPANY NOTICE: 1. All power and authority herein granted in any event terminate on the 31 st day of December,1993. 2. This Power of Attorney is void if altered or if any portion is erased. 3. This Power of Attorney is void unless the seal is readable,the text is in black ink the signatures are in red ink and this notice is in red ink. 4. This Power of Attorney should not be returned to the Attorney-In-Fact,but should remain a permanent part of the obligee's records. KNOW ALL MEN BY THESE PRESENTS,that,except as expressly limited,PACIFIC STATES CASUALTY COMPANY,does,hereby make,constitute and appoint Norman E. Grattan, Jr. the true and lawful Attorney-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporation as surety,bonds,undertakings and contracts of suretyship in an amount not exceeding$750,000 in any single undertaking;giving and granting unto said Attorney-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as said corporation could do,but reserving to said corporation full power of substitution and revocation; and all of the acts of said Attorney-in-Fact,pursuant to these presents,are hereby ratified and confirmed. The authority and powers conferred by this Power of Attorney do not extend to any of the following bonds,undertakings or contracts of suretyship: Bank depository bonds,mortgage deficiency bonds,mortgage guarantee bonds. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolution adopted by the Board of Directors of PACIFIC STATES CASUALTY COMPANY,effective as of August 3,1984; RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is authorized to execute Powers of Attorney,qualifying the attorney named in the Powers of Attorney to execute,on behalf of the corporation,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of the corporation be,and each of them hereby is authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers 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 shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. I N W ITN ESS W H EREOF,PACI FIC STATES CASUALTY COMPANY has caused these presents to be signed by its President and attested by its Secretary this 41h day of January 1988. CO P a°PO p9r a ATTEST PACI CST S CASUALTIY COMPANY � 4 = FEB.1, o n <rp0P11�*rJ By * By Bruce E.MacKenzie Esther R.Lowy,Secrets STATE OF CALIFORNIA ) SS. COUNTY OF LOS ANGELES ) On September 5,1989,before me,the undersigned,a Notary Public in and for said State,personally appeared Bruce E MacKenzie and Esther R.Lowy,personally known to me(or proved to me on the basis of satisfactory evidence)to be the persons who executed the within instrument as President and Secretary on behalf of Pacific States Casualty Company,the corporation therein named,and acknowledged to me that the corporation executed it WITNESS my hand and official seal. OFFICIAL SEAL �J E TANIA SHPARAGASignature NOTARY PUBLIC -CALIFORNIA Notary P blic LOS ANGELES COUM7Y My comm. expires fE9 1, 1993 CERTIFICATE t The undersigned,as Secretary of PACIFIC STATES CASUALTY COMPANY,does hereby certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked;and furthermore,that the provisions of the resolution of the Board of Directors of said corporation set forth in the Power of Attorney,are in force as of the date of this Certificate. This Certificate is executed in the City of Los Angeles,California,this 11 th day of July 199 90 'tE8 C484 PACIFIC STATES CASUALTY COMPANY a 4oPFOR9'!„ 6 a 4 : FEB.1, D O 1062 f D ByC&� PSC-S-101 (4/90) Esther R.Lowy, ecreta iCe �o tes Office o the, City CCerk Off f , . unti'n ton B Cifeach, Ca ornia g i co 2 45.9 1 �7 -7 i To Date ------------ /1sPY�n�.a-C�-�•L Q, �,C� i.,�rr.,.rtm, T�1� PLEASE REPLY TO Signed ..I oemoo, S -.7401, e z 44 d AO Radii'pym / 4S 465 PA S 1 IT ONS INTACT. oly Pa 150 se1s14P465 RT3 WILL BE D WITH REPLY. - File Notes Office of the City CCerk 441 Huntington Beach, CaCifornia i SummerHill Homes 777 California Avenue Palo Alto, CA 94304 Tel: 415 857 0122 Fax:415 857 1077 June 11, 1997 Ms. Pat Lovelace The City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Re: Release of Bonds #4567 and 4568 for Tract 14177 Developer: SummerHill Constantine, Inc. Dear Ms. Lovelace: In August of last year a letter was sent in regard to the Bonds for Tract 14177 (copy enclosed). It requested that the City return the original bonds #4567 and 4568 to Pacific States Casualty. As of June 11, 1997 this has not been done. After speaking with Bruce Crosby, we were informed, that a Resolution had been reached as of October 21, 1996, and that the City should have released the bonds. To-date neither SummerHill nor Pacific States Casualty have received documents to that effect. Two phone calls have been recently placed to your office with no response. Please act promptly and send us the appropriate release effective the date of the City resolution. Sincerely, Ilan Gai Controller Enclosure Certified Mail a a To: Bette BarilWat Lovelace • From: Shari Freidenrich f Cc . Bcc : Subject : re : Bond Release Attachment : Date : 8/5/97 5 : 08 PM Pat : Please see if you can find the bond and let me know so that we can release it and give him a call . Let ' s plan to draft a sample letter that can be used for all bonds prospectively to release them timely. Thanks shari Original text From Bette Barilla@CivicCenter, on 8/5/97 3 : 18 PM: Around 2 : 15 p.m. today I received a call from Mr. Ilan Gai of Summerhill Homes requesting release of Improvement bond #4567 in the amount of $139, 000, and Monument bond #4568 in the amount of $3000 both for Tract #14177 . He stated that the property was sold and nothing was ever developed. City Council issued a Resolution on 10/21/96 for release of the bonds but to date he has not received a release and his insurance company is after him. He would appreciate a call back as to when he can expect release of the bonds at (650) 842-2309 . I have requested a certified copy of the council action for release of the bonds from the City Clerk' s office, no later than next Monday. • TiCe Rotes Office of the City Clerk Huntington Beach, California To 4, (i �✓"�C .G�� Date I . ,, i 6'(-L._ All /I"/�..�'2.J �1�� t'!'/J J I ,x If DUPLICATE Signed I We e'd l �_ Radif ' 4 465 SEND PARTS 1 AND oc CARBONS INTACT. P ly Pak l utsl 04 5 PART 3 WILL BE RETURNED WITH REPLY. � l� TiCe JVotes Office of the City Clerk Huntington Beach, California --- ,f t? � /�i 7 7 Z4i 1-41 y TO Date III �� /4,/ /� ,J/,s'c / /�// ♦ J. D PLICATE Signe` I j b Date Signed R S 4rm 4 465 SEND PARTS 1 AND 3 WITH CARBONS INTACT. d- Poly Pak(50 sets)4P465 - PART 3 WILL BE RETURNED WITH REPLY. • • i.Me CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Connie Brockway City Clerk FROM: Bruce P. Crosby Civil Engineer Assistant SUBJECT: Release of Securities-Tract No. 14177-Approved 10/21/96 DATE: April 28, 1997 In response to your memo dated April 11. 1997 (attached), the Environmental Status as shown in the RCA was incorrect and shoulve simply stated "Not Applicable". The Recommended Action is to release the bonds, an no accept the improvements. cc: Les Jones II 25176 .A CITY OF HUNTINGTON BEACH kjINTER-DEPARTMENT COMMUNICATION HU,NTINGTON BEACH TO: Les Jones, Public Works Director FROM: Connie Brockway, City Clerk RE: RELEASE OF SECURITIES - TRACT NO. 14177 - APPROVED 10/21/96 DATE April 11, 1997 The securities have not yet been released on this tract because of the Environmental Status of your department's RCA. It appears that acceptance of improvements is recommended. Will you inform the City Clerk's Office for certain as to whether the Recommended Action which was approved by the City Council should be done or whether your department meant to recommend that the improvements be accepted? Please respond as soon as possible, this Council action took place in October, 1996. CC: Bruce Crosby, Public Works Department 0 EtCe Wotes Office of the i i Hunttngton Beach, / I / , y o 0 (6) Page 6 - Council/Agency Agenda - 10/21/96 E-8. (City Council) Resolution No. 96-97 - Status Of Circulation Element For Huntington Beach - Adherence To Orange County Combined Transportation Funding Program (OCCTFP) - "A Resolution Of The City Council Of The City Of Huntington Beach Concerning The Status Of The Circulation Element For The City Of Huntington Beach." Submitted by the Public Works Department (Required to remain eligible for Measure M funds and County Arterial Highway Funding Program.) [Adopted 7-0] E-9. (City Council) Release Of Securities - Tract No. 14177 - Summerhill Constantine, Inc. - s/s Constantine Drive, e/o Beach Boulevard - 1. Release the applicable bonds posted for faithful performance, labor and material and monuments; and 2. instruct the City Clerk to notify the developer, Summerhill Constantine Inc. of this action, and the City Treasurer to notify the bonding company, Pacific States Casualty Company, of this action. Submitted by the Public Works Department [Approved 7-0] E-10. (City Council) Notice Of Completion -Warner Avenue Relief Drain & Michael Drive Storm Drain Systems - CC-897 & CC-1015 - Accept the improvements of the Warner Avenue Relief Drain and Michael Drive Storm Drain Systems at a final cost of $253,685 and authorize the City Clerk to file a Notice of Completion with the Orange County Recorder. Submitted by the Public Works Department [Adopted 7-0] E-11. (City Council) Release Of Securities - City Acceptance Of Tract No. 13625 - Ocean Point Partners - Bounded By Goldenwest Street/Palm Avenue/22nd Street/Walnut Avenue - 1. Accept the improvements constructed and dedicated for public use within Tract No. 13625; 2. release the applicable bonds posted for faithful performance, labor and material and monuments; and 3. accept Guarantee and Warranty Bond No. 11132826550, 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, Ocean Point Partners, of this action, and the City Treasurer to notify the bonding company, the American Insurance Company, of this action. Submitted by the Public Works Department [Approved 7-0] E-12. (City Council) Resolution No. 96-98 - Plans & Specifications - Flood Control Improvements To The Talbert Channel From Hamilton Avenue To Atlanta Avenue - OCEMA - "A Resolution Of The City Council Of The City Of Huntington Beach Approving Plans And Specifications For The Construction Of Improvements To The Talbert Channel From Hamilton Avenue To Atlanta Avenue By The Orange County Environmental Management Agency And Funded By The Orange County Flood Control District." Submitted by the Public Works Department [Adopted 7-0] i (6) OF HUNTINGTON BEACP MEETING DATE: October 21, 1996 DEPARTMENT ID NUMBER: PW96-073 � Council/Agency Meeting Held: -. Deffe�erred/Continued to: 2-A-pproved ❑ Conditionally Approved ❑ Denied City Clerk's Si tune 7- Council Meeting Date: October 21, 1996 Department ID Number: PW96-073 CITY OF HUNTINGTON BEACH REQUEST FOR ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrat PREPARED BY: N ES M. JONES II, Director of Public Work SUBJECT: RELEASE OF SECURITIES -- TRACT NO. 14 Fstatement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachments) Statement of Issue: Summerhill Constantine Inc., the developer of Tract No. 14177 located on the south side of Constantine Drive, approximately 660 feet east of Beach Boulevard, is requesting exoneration of their bonds. Funding Source: Not applicable Recommended Action: 1. Release the applicable bonds posted for faithful performance, labor and material and monuments; and, 2. Instruct the City Clerk to notify the developer, Summerhill Constantine Inc. of this action, and the City Treasurer to notify the bonding company, Pacific States Casualty Co. of this action. Alternative Action(s): Deny the recommended action. 0021241.01 -2- 09/25/96 9:00 AM • REQUEST FOR ACTION • MEETING DATE: October 21, 1996 DEPARTMENT ID NUMBER: PW96-073 Analysis: On August 6, 1990, the City Council approved Final Map No. 14177 and accepted bonds, the securities furnished for faithful performance, labor and material and monuments. The project, however, was never constructed and the developer, Summerhill Constantine Inc. has since sold the property and is requesting exoneration of their bonds. On July 9, 1996, the Planning Commission approved Conditional Use Permit No. 96-03 granting approval for Polygon Communities Inc. to construct 29 units on this site. Polygon Communities Inc. will be posting their own bonds for faithful performance, labor and material and monuments prior to issuance of building permits. Following is a list of project data: Subdivider: Summerhill Constantine Inc., 777 California Ave., Palo Alto, Ca. 94304 Engineer: K. W. Lawler, 2832 Walnut Ave., #A, Newport Beach, Ca. Title Co.: Ticor Title Insurance Co., 800 N. Main St., Santa Ana, Ca. 92701 Location: South side of Constantine Drive, approximately 660 feet east of Beach Blvd. Lots: 1 Lot Acreage: 2.506 Acres Zone: R3 Environmental Status: This recommen action to accept the impro ents is a ministers ct, and is exempt from the requiremen the California Environmen is Act, pursuan tate CEQA Guidelines, Cal. Admin. Co Title 14 Chapter 3 Sectio 26 b . Attachment(s): �c G� ����4 7 City Clerk's Page Number 1 Location Map LMJ:BPC 0021241.01 -3- 09/25/96 9:00 AM (6) Page 6 - Council/Agency Agenda - 10/21/96 E-8. (City Council) Resolution No. 96-97 - Status Of Circulation Element For Huntington Beach -Adherence To Orange County Combined Transportation Funding Program (OCCTFP) - "A Resolution Of The City Council Of The City Of Huntington Beach Concerning The Status Of The Circulation Element For The City Of Huntington Beach." Submitted by the Public Works Department (Required to remain eligible for Measure M funds and County Arterial Highway Funding Program.) [Adopted 7-01 E-9. (City Council) Release Of Securities - Tract No. 14177 - Summerhill Constantine, Inc. - s/s Constantine Drive, e/o Beach Boulevard - 1. Release the applicable bonds posted for faithful performance, labor and material and monuments; and 2. instruct the City Clerk to notify the developer, Summerhill Constantine Inc. of this action, and the City Treasurer to notify the bonding company, Pacific States Casualty Company, of this action. Submitted by the Public Works Department [Approved 7-0] E-10. (City Council) Notice Of Completion -Warner Avenue Relief Drain & Michael Drive Storm Drain Systems - CC-897 & CC-1015 - Accept the improvements of the Warner Avenue Relief Drain and Michael Drive Storm Drain Systems at a final cost of$253,685 and authorize the City Clerk to file a Notice of Completion with the Orange County Recorder. Submitted by the Public Works Department [Adopted 7-01 E-11. (City Council) Release Of Securities - City Acceptance Of Tract No. 13625 - Ocean Point Partners - Bounded By Goldenwest Street/Palm Avenue/22nd Street/Walnut Avenue - 1. Accept the improvements constructed and dedicated for public use within Tract No. 13625; 2. release the applicable bonds posted for faithful performance, labor and material and monuments; and 3. accept Guarantee and Warranty Bond No. 11132826550, 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, Ocean Point Partners, of this action, and the City Treasurer to notify the bonding company, the American Insurance Company, of this action. Submitted by the Public Works Department [Approved 7-0] E-12. (City Council) Resolution No. 96-98 - Plans & Specifications - Flood Control Improvements To The Talbert Channel From Hamilton Avenue To Atlanta Avenue - OCEMA- "A Resolution Of The City Council Of The City Of Huntington Beach Approving Plans And Specifications For The Construction Of Improvements To The Talbert Channel From Hamilton Avenue To Atlanta Avenue By The Orange County Environmental Management Agency And Funded By The Orange County Flood Control District." Submitted by the Public Works Department [Adopted 7-0] (6) . • NNW A NOT TO SCALE LL= co 0 CONSTANTINE ➢R. ce TR. 14177 A � O O H 3 H w ]C J co h Z N J U 2 Y J 0 U KATHERINE AVE. S Q w W w t� ~ J GARFIELD ATTACHMENT NO. 1 LOCAT � ON MAP CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS tr14177 P AN ING SECTIONAL DISTRICT MAP 36-5-II CITY OF HUNTINGTON BEACH ORANGE COUNTY, CALIFORNIA USE OF PROPERTY MAP :. ., as,• TALBERT AVENUE � I a CF-E T W W ..n.x.n 0 u O LLU STER W S � • (f g r e � � u KI R • W AV I Rw •T LOR OR. LC Coxr W1. � B • a e a Q' a ORf.C _ TRIwn RV CR __ lx-1 a. Z 3 ��, R.ctxlx rc O _ o R Ell .Yr•� W - 4p nsrRcx GR J ;sa � ..-- --� .-MOD•LE $ OLO am K 0 y ar a. - F x Al a a r GARFIELD I • AVE r >f]I 2 T CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK August 13, 1990 Ticor. Title 800 N. Main Santa Ana, CA Attention: Subdivision Officer RE: Tract Map No. 14177 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 r e7 Received by � 1 J� Dated L (Telephone: 714-536-5227) �s , � P�;���M«.�► 418005 a compa•l of Real Estate Shippers Association (714) 953-3122 409 East fourth Street. Santa Ana,CA 92701 A PICK UP AT Bll O SEE: DA ` TIME' ADDRESS DIRECT RUSH "ON. CITY SPE,I L�TF]LLC S: _�/77 SHIPPER SIGNATURE Tic g SERVICE REQUESTED BY DELIV.CHARGE DELIVER TO BILLO SEE: WAITING TIME 7% cr & 1 ,5 ADDRESS CITY r WEIGHT CONSIGNEE SIGNATURE TIME TOTAL • =MAXIMUM$50.00 LIABILITY UNLESS OTHERWISE DECLARED BY SHIPPER= i LIE) CITY OF HUNTINGTON BEACH Lr IJ"`" 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK July 14, 1990 Summerhill Development Company 900 Cagney Lane Newport Beach, CA 92663 Gentlemen: The City Council of Huntington Beach, at its regular meeting held Monday, August 6 1990 91 approved the Subdivision Agreement for Tract No. 14177. We are enclosing herewith a duly executed copy for your files. Sincerely, Connie Brockway City Clerk CB: bt Enclosure (Telephone: 714-536-5227) ♦ 7 4L u REQUES4 FOR CITY COUNCIPA TION P 1� I- 41^n e+le4 Upw +-R � . Date August 6, 19990 Submitted to: Honorable Mayor and City Council Submitted by: Michael T. Uberuaga, City Administrat r Prepared by: Michael Adams, Director, Community Developmen Subject: FINAL TRACT MAP 14177, BEING ALL OF TENTATIVE TRACT NO. 14177, AND BONDS AND AGREEMENTS FOR TRACT 14177 APPROVED BY CITY COUNCIL Consistent with Council Policy? [ ) Yes [ ] New Policy or Exceptio 1 g 6 19!?e Statement of Issue, Recommendation,Analysis, Funding Source,Alternative STATEMENT OF ISSUE: The final map of Tract No. 14177 being all of Tentative Tract No. 14177, located on the south side of Constantine Drive, approximately 500 feet east of Sunkwood Circle, has been submitted to the City Council for approval. Tentative Tract No. 14177 will expire on June 27, 1992. RECOMMENDATION• 1 . Approve the map pursuant to the required findings set forth in Section 66458 of the Government Code. 2 . Approve the map subject to the finding that the map 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. 3 . Accept the offer of dedication and improvements subject to completion of requirements shown. 4 . 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; d. Drainage for the subdivision shall be approved by the Department of Public Works prior to recordation of the final map. PIO 5/85 . �' • ` • 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 or a surety posted in an amount equal to the in-lieu fees and approved as to form by the City Attorney prior to recordation of the final map. 5 . It is also recommended that the City Council accept the following bonds and instruct the City Clerk to file them with the City Treasurer. It is further recommended that the City Council accept the subdivision agreements and instruct the City Clerk to file one copy and return the second to the subdivider. a. Faithful Performance Bond No. 4567 b. Labor and Material Bond No. 4567 c. Monument Bond No. 4568 d. Park & Recreation Fee Surety Bond No. 4546 ANALYSIS: SUBDIVIDER: Summerhill Development Company 900 Cagney Lane Newport Beach, CA 92663 ENGINEER: K. W. Lawler 2832 Walnut Avenue, #A Tustin, CA 92680 LOCATION: South side of Constantine Drive, approximately 500 feet east of Sunkwood Circle. ACREAGE: 2.48 acres LOTS: 1 NO. OF UNITS: 34 ZONE: R3 (Medium-High Density Residential) GENERAL PLAN: Medium Density Residential 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. RCA August 6, 1990 2 (6627d) ENVIRONMENTAL STATUS: On June 9, 1990, the Planning Commission approved Negative Declaration No. 89-46 for the project itself . FUNDING SOURCE• Not applicable. ATTACHMENTS. 1 . Area map 2 . Subdivision Agreement 3 . Monument Bond 4 . Faithful Performance Bond 5 . Labor and Material Bond 6 . Park and Recreation Fee Surety Bond MA:TR: lp RCA August 6, 1990 3 (6627d) f ' nl -- ... o IOoo 1 _.. _ r 7 a R3 x tt:C[ N FEET eo' NOTE: R 2 C2 ALL DIMENSIONS ARE m FEET C 2 C4 .2 D , ttN,EN ;c R-Fl7G •Nr ZONE _... . Ier such LelcN, or w•r l t.r...,_.J / OP I ,of' R3 R3 wlvm:_:':1tl:.'' LEGEND;io IN+.c ANY aw�r OF C-,� tn[ND R 3 / T R. —DCNLT'R[LOCNTI4 DISTRICT / �' I R 3 gr, ® M[DNM DCNSITT RESIDENTIAL DISTRICT M2-0 EDM R3E CR ilti5 '� x __ R2 R2 �R3 MH—FP2 0 J i COMMUNITY F:CILITICS[EDUCATIONAL)DISTRICT 1�` p OR OFFCC'PROY ICINAL DISTRICT fzs.ro { / op I w � R3 7:1,' 0 RCSIXNTUL ADRK0.rURAL DISTRICT >-Ys / C R3. R i QQ LICNr INwsrmu DISTRICT "T IDIS TRKTO D nad•) ,MppR[IgMC DISTRICT F23= R2: Hz rwol_ R•r'A' wM�'?: coMwNI,T BUSINESS—MIT N .,Lp, r oo - "� c C4 R2 . ::yC71sI[L �. NKNN•r [oMMtnu.L R3 :.!CLMWpOa RS M[DUM•IK D[Nsm RESIDENTIAL DISTRICT T2:J...�...... _. 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R�W FT 14177 [01, HUNTINGTON BEACH HUNTINGTON BEACH PLANNING DIVISION SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND SUMMERHILL CONSTANTINE INCORPORATED FOR TRACT NO. 14177 s TABLE OF CONTENTS # TITLE PAGE S 1. GENERAL STREET CONSTRUCTION 2 2 . ARTERIAL HIGHWAY IMPROVEMENT 2 3 . GUARANTEE 2 & 3 4 . FAITHFUL PERFORMANCE AND SECURITY 3 5 . INDEMNIFICATION, DEFENSE, HOLD HARMLESS 3 & 4 6 . WORKERS ' COMPENSATION INSURANCE 4 7. INSURANCE 4 & 5 B . CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 5 & 6 ENDORSEMENTS • SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND SUMMERHILL CONSTANTINE INCORPORATED FOR TRACT NO. 14177 THIS AGREEMENT is entered into this day of , 1990, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY, " and SUMMERHILL CONSTANTINE INCORPORATED, a California corporation, 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. 14177; 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) year following completion and acceptance thereof against any defect in work or labor done, or defective materials furnished, as required by §66499 and §66499 .3 of the California Government Code, and Article 997 of CITY' S ordinance code. -1- 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 . 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) -2- 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 THIRTY-NINE THOUSAND DOLLARS, ($139 , 000 . 00) as prescribed by HBOC §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 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 -3- 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 ' 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 he underwritten by insurance companies in forms satisfactory to CITY for all operations, subcontract work, contractual obligations, -4- products 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. 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 -5- 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, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder . IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written: SUMMERHILL CONSTANTINE, INC. CITY OF HUNTINGTON BEACH a California corporation, a municipal corporation of the tate of California By: Mayor Its : �s�� B . Its :- BY: Its : &sd- Sec. ATTEST: APPROVED AS TO FORM: r- City Clerk City AAtt�rney 17.-e- - r-ia-So �-0-40 REVIEWED AND APPROVED: INITIATED D APPROVED: ty Administrator Directo of Public Works 'LA —0�o -6- NOTICE OF COMPLIANCE WITH CONDITIONS ON TRACT/PARCEL MAP AUTHORIZATION FOR RELEASE FOR RECORDING Date TO: City Clerk FROM: COMMUNITY DEVELOPMENT., TRACT NO. �Li 7 7 PARCEL MAP NO. RECREATION & PARK FEES PAID OTHER 0 1 (9358d) 1 ' NOTICE OF ( )PLETION WITH CONDITIONS 0 \�RACTS AUTHORIZATION FOR RELEASE FOR RECORDING TO': CITY CLERK DATE : FROM : PUBLIC WORKS DEPARTMENT 1 Bruce (Crosby TRACT N0 . 1 � DEVELOPER I CONDITIONS : Deposit of fees for water, sewer, drainage, engineering and inspection j Bond for Improvement . . . . . . . . . . Signature of Agreement . . . . . . . . o Certificate of Insurance . . . . . . . . llnnd for Monumonts . . . . . . . . . . . Nl.l i or i li I Pond . . . . . . . . . l� t lr u r I Sig ure