HomeMy WebLinkAboutFinal Tract Map 13625 Being all of TT 13625-Apprvd-Ocean STATEMENT OF ACTION OF THE CITY COUNCIL
CITY OF HUNTINGTON BEACH
*********-Indicates Portions Of The Meeting Not Included In The Statement Of Action
Council Chamber, Civic Center
Huntington Beach, California
Monday, October 21, 1996
A videotape recording of this meeting
is on file in the Office of the City Clerk.
Mayor Sullivan called the regular meetings of the City Council and the Redevelopment
Agency of the City of Huntington Beach to order at 5:00 p.m. in Room B-8.
CITY COUNCIL/REDEVELOPMENT AGENCY ROLL CALL
PRESENT: Harman, Leipzig, Bauer, Sullivan, Dettloff, Green, Garofalo
ABSENT: None
Consent Calendar- Items Approved
On motion by Green, second Bauer, the following Consent Calendar items were
approved as recommended, by the following roll call vote:
AYES: Harman, Leipzig, Bauer, Sullivan, Dettloff, Green, Garofalo
NOES: None
ABSENT: None
(City Council) Release Of Securities - City Acceptance Of Tract No. 13625 - Ocean
Point Partners - Bounded By Goldenwest Street/Palm Avenue/22nd Street/Walnut
Avenue - Approved (420.60) - 1. Accepted the improvements constructed and
dedicated for public use within Tract No. 13625; 2. released the applicable bonds
posted for faithful performance, labor and material and monument; 3. accepted
Guarantee and Warranty Bond No. 11132826550, the security furnished for guarantee
and warranty of improvements, and instructed the City Clerk to file the bond with the
City Treasurer; and 4. instructed the City Clerk to notify the developer, Ocean Point
Partners, of this action and the City Treasurer to notify the bonding company, American
Insurance Company, of this action.
INERAL
POWER OF
Ai-ioRrIEY AMERICAN INSURANCE COMP
KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY,a Corporation incorporated under the laws of the State of
New Jersey on February 20, 1846,and redomesticated to the State of Nebraska on June 1,1990,and having its principal office in the City of Omaha.State of
Nebraska,has made,constituted and appointed,and does by these presents make,constitute and appoint
-----CHRISTOPHER TORRES, CIC-----
r
its true and lawful Attorney(s)•in-Fact,with full power and authority hereby conferred in its name,place and stead,to execute,seal,acknowledge and deliver any
and all bonds,undertaking,recogn zances or other written obligations in the nature thereof---------------------------------------
and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the
Corporation and duly attested by its Secretary,hereby ratifying and confirming all that the said Attomcy(s)-in-Fact may do in the premises.
This power of attorney is granted pursuant to Article V II,Sections 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full force and
effect.
"Article VII.Appointment and Authority of Resident Secretaries.Attorneys-inFact and Agents to accept Legal Process and Make Appearances.
Section 45.Appointment. The Chairman of the Board of Directors, the President, stay Vlc_-President or say other person authorized by the Board of
Directors,the Chairman of the Board of Directors,the President or any Vice-President may,from time to time.appoint Resident Assistant Secretaries and
Attorneys-la-Fact to represent and act for and on behalf of the Corporation and Agents to acapl legal process and make appearances for and on behalf of the
Corporation.
Section 46.Authority.The authority of such Resident Assistant Secretaries,Attorneys-la-Fad and Agents shad be as presetibed In the instrument evidencing
their appointment.Any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by any person empowered to
make such appointment."
This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN
INSURANCE COMPANY at a meeting duly called and held on the 31st day of July, 1984,and said Resolution has not been amended or repealed:
"RESOLVED, that the signature of any Vice-President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this
Corporation may be affixed or printed on any power of attorney,on any revocation of any power of attorney,or on any certificate relating thereto,by facsimile,
and any power of attorney,any revocation of any power of attorney,or certificate bearing such facsimile signature or facsimile seal shall be valid and binding
upon the Corporation:'
IN WITNESS WHEREOF,THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by its Vice-President,and its corporate seal to
LSt._davof -Time 19 an
Certificate of Acknowledgement
STATE OF CALIFORNIA
Comayof LOS ANGELES
On AUGUST 11, 1995 before►nc,_ JEAN BELECKAS / NOTARY PUBLIC
personally appeared CHRISTOPHER TORRES
personally known to me(}dl4)Xtit0fl �XIHtYoYi 1lt. j� ( it1. �i X9l�hlX9E�to be the person(.whose named)is/Xgtsubscribed to the
Within ins(.rumait and acknowledged to the that he/}0YniYc.)Cexecut.ed the same in his i (. c authorized capacity(je,0,and that by
his/D�IX'Iii?iLXsignature("q on the instrument.the person(Q, or the entity upon behalf of which the so 1 a era eYe"Iled ale iNsLNj t�
- WITNESS my hand and official seal. `' / ••.=E••" JEAN BELECKAS
Comm. #953616
NOTARY PUBLIC CALIFORNIA@
Signal.urC v ��`�tt Jam_ (Seal)
LOS ANGELES COUNTY 0
,FoaM` My Comm.Expires Jan.26. 1996-4
3r.0 7'_L6Jjl
I,the undersigned,Resident Assutnut x�.___ . __ .. .v•tr.v.r,a ry eaKA.'jKA Corporation,DO HEREBY CERTIFY that
the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked;and furthermore that Article V I I,Sections 45 and 46 of the
By-laws of the Corporation,utd the Resolution of the Board of Directors;set forth in the Power of Attorney,are now in force.
llth AUGUST 95
Signed and sealed at the Coucty of Marin.Dated the day of 19
t _
36071 1-TA-6.40 t R cV Y
NOT TO SCALE u ` J
PALM
ACACIA
TR 13625
PECAN
3.W O ~ F=-
Z z N o rn o0
N N N
J
O
0 ANGE
OLIVE
UT
WALN
[11-1 [11 E E ❑❑ a❑ ❑a
PCH
ATTACHMENT NO. 1
LOCAT � ON MAP •il
CITY OF HUNTINGTON BEACH
DEPARTMENT OF PUBLIC WORKS
tr13625
DM IOL
SECTIONAL DISTRICT MAP 10-6-11 �
CITY OF
HUNTINGTON BEACH ,& ��z
ORANGE COUNTY, CALIFORNIA _' .000
s'
USE OF PROPERTY MAP
b
�Y
,l. v
c"
'r
d 4 CF-R 'f
`\'
b ,N
44,
CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
June 6, 1994
Ocean Point Partners
c/o New Urban West
520 Broadway, Suite 100
Santa Monica, CA 90401
Attention: Desmond Bunting
The City Council of'-the City of Huntington Beach at their meeting held
May 4, 1994, approved your request regarding Tract 13625, for a reduction
in the Faithful Performance Bond pursuant to the provisions of the Sub-
division Map Act. The City Council accepted the Surety Bond Decrease
Penalty Rider No. SC 111-3282-6550, reducing the Faithful Performance
Bond from $715,500.00 to $71,550.00. This represents a 90% completion
of the required curb, gutter, sidewalk, street paving, sewer, water and
storm drain construction.
The City Treasurer will notify the bonding company, The American Insurance
Company, of this action.
If you have any questions regarding this matter please call the office
of the City Clerk at (714) 536-5227.
Connie Brockway, CMC
City Clerk
CB/ES
t RE UESPOR CITY COUNC#ACTION �i60�-
Q
APPROVED By CITY COUNCIL
192L ite: Apg1 18, 1994
Submitted to: Honorable Mayor and City CouncilG�Gr .n�
CITY CLIItK ap
Submitted by: Michael T. Uberuaga, City Administrator
-<c)nt
Prepared by: ouis F. Sandoval, Director of Public Works .� rn m
—v
Subject: Reduction of Improvement Security; Tract No. 13625 C'_
L
Consistent with Council Policy? [Xi Yes
/ --- ------ ---- -- -3-la�Q -'- s/ �- ' ----
Statement of Issue,Recommended Action,, ronmen�s, ----------------
Funding Source,Alternative Action,Attac ents
---------------------------------------------------------Analysis,-------------------------------------g �-
STATEMENT OF ISSUE:
Ocean Point Partners has completed a portion of the public improvements for Tract No. 13625 and is
requesting a reduction in the Faithful Performance Bond pursuant to provisions of the Subdivision Map
Act.
RECOMMENDED ACTION:
1. Accept Surety Bond Decrease Penalty Rider No. SC111-3282-6550, reducing the Faithful
Performance Bond from$715,500.00 to $71,550.00. This represents a 90% completion of the
required curb, gutter, sidewalk, street paving, sewer, water and storm drain construction.
2. Instruct the City Clerk to notify the developer, Ocean Point Partners, and the City Treasurer to
notify the bonding company, The American Insurance Company, of this action.
ANALYSIS:
The City Council, on September 3 1991, approved Final Map No.13625 accepting bonds for faithful
performance, labor and material and monuments. The developer has completed 90% of the required
curb, gutter, sidewalk, street paving, sewer, water and storm drain construction and is requesting that
the faithful performance bond be reduced by 90% pursuant to California Government Code, Section
66499.7 a and Huntington Beach Municipal Ordinance, Section 9973(b). The City Engineer has
determined that the partial completion of said improvements have been constructed in substantial
compliance with the approved plans and specifications, and recommends approval of the bond
reduction.
ENVIRONMENTAL STATUS:
The Planning Commission, on September 27, 1988, approved Negative Declaration No. 88-25 for this
project.
Page 2 - Statement of Action
Mayor Sullivan adjourned the regular meetings of the City Council and the Redevelopment
Agency of the City of Huntington Beach at 11:35 p.m. to November 4, 1996 at 5:00 p.m. in
the Council Chamber, 2000 Main Street, Huntington Beach, California 92648.
/s/ Connie Brockway
City Clerk and ex-officio Clerk of
the City Council of the City of
Huntington Beach, California
ATTEST:
/s/ Connie Brockway /s/ Dave Sullivan
City Clerk/Clerk Mayor
STATE OF CALIFORNIA )
County of Orange ) ss:
City of Huntington Beach )
I, Connie Brockway, the duly elected City Clerk of the City of Huntington Beach,
California, do hereby certify that the above and foregoing is a true and correct
Statement of Action of the City Council of said City at their regular meeting held on the
21 st day of October, 1996.
Witness my hand and seal of the said City of Huntington Beach this the 21 st day of
November, 1996.
/s/Connie Brockway
City Clerk and ex-officio Clerk of
the City Council of the City of
Huntington Beach, California
By (JW,1,eJ- &J-0J
Deput ity Clerk
O
(ky OF HUNTINGTON BEAC l a%q� -DPC)
I N -DPc)
MEETING DATE: October 21, 1996 DEPARTMENT ID NUMBER: PW96-077
/-- U)altxe
°.�
u z/ Z/ wit° 9�)
P,uc. acic,c�
Council/Agency Meeting Held:
Def rred/Continued to:
Approved ❑ Conditionally Approved ❑ Denied City Clerk's Signature
Council Meeting Date: October 21, 1996 Department ID Number: PW96-077
CITY OF HUNTINGTON BEACH
REQUEST FOR ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: MICHAEL T. UBERUAGA, City Admi ra FOFTRACT
PREPARED BY: ALES M. JONES II, Director of Public WorksSUBJECT: RELEASE OF SECURITIES -- CITY ACCEPTAN NO.
13625
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachments
Statement of Issue:
Ocean Point Partners, the developer of Tract No. 13625 located between Goldenwest St.,
Palm Ave., 22nd St. and Walnut Ave., has completed all required public improvements and
is requesting a release pursuant to the provisions of the Subdivision Map Act. )
Funding Source: y
d
Not applicable
Recommended Action:
1. Accept the improvements constructed and dedicated for public use with Tract No.
13625 and,
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 1
guarantee and warranty of improvements, and instruct the City Clerk to file the bon 1
with the City Treasurer; and, 1
0021376.01 -2- 10/02/96 8:54 AM
* REQUEST FOR ACTION •
MEETING DATE: October 21, 1996 DEPARTMENT ID NUMBER: PW96-077
4. Instruct the City Clerk to notify the developer, Ocean Point Partners of this action;
and the City Treasurer to notify the bonding company of this action.
Alternative Action(s):
Deny the recommended action.
Analysis:
On September 3, 1991, the City Council approved Final Map No. 13625 and accepted
bonds, the securities furnished for faithful performance, labor and material and monuments.
The developer has completed all required public improvements, and is requesting
acceptance of the work and release of the bonds, pursuant to Calif. Government Code
Section 66499.7. Public improvements constructed consist of paving, curbs, gutters,
sidewalks, driveways, wheelchair ramps, street lights, sewer and water lines with
appurtenances.
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. 11132826550 as security.
Following is a list of project data:
Subdivider: Ocean Point Partners, 520 Broadway, Ste. 100, Santa Monica, Ca. 90401
Engineer: The Keith Co., 200 Baker St., Costa Mesa, Ca. 92626
Title Co.: First American Title Co., 114 E. 5th St., Santa Ana, Ca. 92702
Location: Generally bounded by Goldenwest St., Palm Ave., 22nd St. and Walnut
Ave.
Lots: 56 Lots
Acreage: 8.12
Zone: Townlot Specific Plan, Area One, Section A
Environmental Status:
This recommended action to accept the improvements 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).
0021376.01 -3- 10/02/96 8:54 AM
* REQUEST FOR ACTION •
MEETING DATE: October 21, 1996 DEPARTMENT ID NUMBER: PW96-077
Attachment(s):
City Clerk's
Page Number
.. .. .. ......:................:........
................ ................ ...............
........... . ..............................
....... ...
1 Location Map
2 Guarantee and Warranty Bond No. 11132826550
LMJ:BPC
0021376.01 -4- 10/02/96 8:54 AM
r ,
City of Huntin ton Beach
P O Box 711 CALIFORNIA 92648
~ v'
TELEPHONE 714 536.5200 FAx 714 374.1603
Gti SHARI L. FREIDENRICH
CITY TREASURER.
December 6, 1999 CERTIFIED,VA IL
The American Insurance Company
c/o Sandlin and Associates
ATTN: Lyle Sandlin
PO Box 769
Downey, CA 90241
To Whom It May Concern:
This is to inforni you the City Council of the City of Huntington Beach, on October 21, 1996,
approved the release of the following bond:
Tract # 13625
Faithful Perfonnance Bond No. 111 3282 6550
Labor& Material Bond.No. 1 11 3282 6543
Monument Bond No. I I 13282 6535
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,
z
a _
a -
Shari L. reidenrich, CPA, CCMT
.0
City Treasurerco
Enclosures -
cc: Ocean Point Partners _ �-
520 Broadway, Ste. 100
Santa Monica, CA 90401 °" >
Bob Beardsley, Director of Public Works (no attachments)
Connie Brockway, City Clerk (no attachments)
G''Denine'Shari'•Lcttcrs'•.BimdLt�l
I have received Faithful Performance Bond No. 5795118 for GMC Enterprises
Re: Warner Avenue Rehabilitation Project, CC-1037
RCA attached with Council action of 9/16/96
Dated:
By:
Bond Number 1 11 Am 5 5n
i `�� • Premium NIL M
. Power Nm'ber
GUARANTEE AND WARRANTY BOND
OCEAN POINTE PARTNERS
WHEREAS, , as
a Principal, and THE AMERICAN INSURANCE COMPANY , a
corporation organized under the laws of the State of CALIFORNIA
and duly authorized to do business in the State of California, as
Surety, are held and firmly bound unto the CITY OF HUNTINGTON BEACH,
California, as Obligee, in the penal sum of SEVENTY-ONE THOUSAND FIVE HUNDRED
FIFTY AND NO/00 , representing 10 percent of the
contract price entered into between the Principal and Obligee, to
which payment well and truly to be made we do bind ourselves, our
and each of our heirs, executors, administrators, successors and
assigns jointly and severally,
WHEREAS, the said Principal entered into a contract with
said Obligee, dated MAY 25,1991 for work described
as follows:
INSTALL AND COMPLETE DESIGNATED PUBLIC IMPROVEMENTS,TRACT 13625,
SE PALM AND GOLDEN WEST
WHEREAS, said contract provides that the Principal will
furnish a bond conditioned to guarantee and warrant for the period of
one year after completion of the work and acceptance thereof by the
Obligee, against all defects in workmanship and materials during said
one year period.
WHEREAS, said work has been completed, and accepted by
Obligee on AUGUST 11,1995.
NOW, THEREFORE, the Principal and Surety, jointly and
severally shall indemnify the Obligee for all loss that the Obligee
may sustain by reason of any defective materials or workmanship which
become apparent during the period of one year from and after date of
completion of work and acceptance thereof by Obligee.
SIGNED this llth day of AUGUST
1995 Signatures shall be notarized. Authorized representatives
shall be president and vice president or attorney-in-fact owner-
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
STATE OP CALIFORNIA )
) SS.
COUNTY OF LOS ANGELES )
On August 30, 1995, before me, Fay D. mathews, Notary Public, personalty appeared STEPHEN GUNTHER,
personally known to me i to be the person(s)whose nram-e�,$)(9are
subscribed to the within instrument and acknowledged to me that®i she/they executed the same in( L., their
authorized capacity(ies),and that b}Dher/their signature(s)on the instrument the person(s),or the entity upon behalf
of which the person(s)acted,executed the instrument.
FAY D.MATHEWS Z
W I•NLSS my and nd official seal a COMM.I 1015930 Z
z Notary Public—Callfornlo
LOS ANGELES COUNTY
My comm.Expires FEB 2.1998
Sight till of Notary ( {ri.r wren far ojlic'inl ruirury seal.)
iewk -
CALIFORNIA ALL-PURPOSACKNOWLEDGMENT , No.5907
State of
County of 49
On �5- i�ss before me, . l ../ / ��E /�✓o �� ��-,�.c�� ,
DATE NAME,TITLE OF 6FFICER-E.G..-JANE DOE,NOTARY PUBLIC'
personally appeared -
NAME(S)OF SIGNER(S)
154 personally known to me--AR---�- r-oved-te-me-on4t4e-basis-of--safisfactor-y-evidenGe-
to be the person( whose name) Is ,
subscribed to the within 'nstrument and ac-
knowledged to me that he e/fly executed
the same in is h)�r/tt�6ir authorized
capacity(1 ), and that byr/ttp�ir
signature( on the instrument the person04,
or the entity upon behalf of which the
person( acted, executed the instrument.
�•�,IOFEZ
*95�i6 WITNESS my hand and official seal.
puh6c' atitorrua v,
np ANGE COUL 1996
z `• !. /
z ,. tJy c�,e,pires Fr
L SI RE 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 2 �y �✓
TITLE OR TYPE OF DOCUME T
TITLE(S)
�PARTNER(S) i1c.
IMITED
ENERAL /
❑ ATTORNEY-IN-FACT NUMBER OF PAGES
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER: T
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(sl OR ENTITY(IES).'l
SIGNER(S)OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184
Request for City Council Action
;Reduction of Improvement Security;Tra& 13625 •
April 18, 1994
Page 2
FUNDING SOURCE
There is no cost involved in the recommended action.
ALTERNATIVE ACTION:
Deny the recommended action.
ATTACHMENTS:
1. Location Map
2. Decrease Penalty Rider No. SC111-3282-6550
LFS:REE:BPC:bpc
13625RED.DOC
R4.01-CZ .. ` RI
♦ ;\ ��,( �,,; ROS-O-CZ ` . ' ••:,'•��arcz RC,_ � •��
RI
Jao , P 1111 A C• ..
'�.he:,''i vti♦ q,(;., Ar.p r. `. r�iJ.'al ♦ / .� '�`..a♦cin�
��� •'',-• •:'y ati _1.wA ca �(.ct "" �ti�� ���/' 1., :a. RI 0
�'tb •'•�_ p1.G2 A4Cl` Pr`\P.1•P 1•• ••n y
cl-
c F4ti cz
M2-01-CZ oA, ,. :• ��;; Er .` A' >?'..:;
�•c`,p � � 'per oti cti fir, .ti • �,� �-.,
Ri
•
M2-01-CZ
�e/r \3 rwo R N ti uP-a
///// �(� � ( �a� \ ` �` `/ l /, yip .,+•
CF-R e� • ,. .r
b� .t' J4' Vti ♦. •rt•o•c '
o noo �Y1• ,QOO �?•
NOTE /C'O W FIl`� .
n«rt•uco ro�un•o,ro•r.. ..... .O
TRACT NO. 13625 L 41
LOCATION MAP HUNTINCTON BEACH
ATTACHMENT NO. 1
1B CITY OF HUNTINGTON BEACH
INTER-DEPARTMENT COMMUNICATION
HU"NCTON BEACH
To: Robert E. Eichblatt, City Engineer
From: Steve May, Principal Civil Engineer��
Date: April 21, 1994
Subj: COUNCIL INQUIRY- AGENDA ITEMS E4, E5, E6, APRIL 18, 1994, HAVING TO
DO WITH SECURITY BOND REDUCTIONS
NVIAR �to s/�/9f1
SU Y OF RCAs:
Developers of three different tracts have requested up to 90% reduction of faithful performance
bonds on the basis that portions of the bonded public improvements have been completed to the
extent of the requested bond reductions.
JUSTIFICATION FOR REQUESTED REDUCTIONS:
The requested reductions are allowed by, but not required by, California Government Code
Section 66492.7(a) and Huntington Beach Municipal Code, Section 9973(b)Beach Municipal Code, Section 9973 ). The Public Works
Inspector has verified that the value of completed improvements exceed the requested reductions,
and that the remaining security would be sufficient to complete all required public improvements.
Additionally, there are still homes which have not been released for occupancy as listed below:
TRACT NO. TOTAL LOTS IN TRACT LOTS NOT YET RELEASED
13527 26 21
13625 56 40
14277 11 11
PAST PRACTICE AND PRACTICES IN OTHER CITIES:
The following bond reductions have been approved by the City Council in the past:
TRACT NO APPROVAL DATE TRACT NO APPROVALnATE
13569 - 02J19/91 7547 - 02/18/75
12054 - 04/21/86 8050 - 04/21/75
10068 - 05/01/84 7601 - 10/07/74
10069 - 12/19/83 7473 - 11/06/72
9221 - 07/06/81 7246 - 12/06/71
9220 - 07/06/81 7010 - 06/07/71
7991 - 11/15/76 5965 - 02/02f10
7005 - 01/19[16 6003 - 12/06/65
7772 - 05/15/75
Page 1 of 2 _
Robert Eichblatt
Council Enquiry - Bond Reductions
April 21, 1994
Following is a summary of practices in other cities within Orange County, as- determined by a
telephone survey:
CITY POLICY
Irvine Allowes bond reductions, but they have never had a request.
Westminster Allows up to 85%bond reduction.
Santa Ana Recently allowed bond reduction for Tr No. 13804
Newport Beach Allowed bond reductions,but they have not had a recent request.
SWM:swm
Page 2of2
i
i
I have received surety bond
for Tract NO. 13625 - RPdnrtion of im=rnvoment sacuritI'
on behalf of the Treasurer's Office.
Dated —
By:
• SURETY BOND Premium$
H3��DlSUMNCBIM4PAMIES INCREASE OR DECREASE PENALTY RIDER
Description of Bond _- OFFSTTF T14PI�0112-x�..-ITC - =-4= 413025 BondNo.SC111-3282-fi55Q
Know all men by these present that we, OCEAN POINTE PARTNERS
Principal,
and THE AMERICAN INSURANCE COMPANY Surety,
in favor of THE CITY_ OF HUNTINGTON BEACH Obligee,
do hereby,jointly and severally,change the penal amount of this bond from SEVEN HT INDRFD FIFTEEN TROT ISAND
FIVE HUNDRED----------------------------------------------- dollars($715)500. .)to
SEVENTY ONE THOUSAND FIVE HUNDRED FIFTY --•------------------------'datlars($71�550. )
effective from the 1ST day of SEPTEMBER 19 ()3 .
The continuity of coverage under said bond subject to changes in penalty shall not be impaired hereby,provided that the aggregate liability of the said
Principal and Surety shall not exceed the amount of liability assumed at the time the act and/or acts of default were committed and in no event shall such
liability exceed the larger of the above mentioned sums.
Signed and sealed this 2 7TH day of JAM IARY 19 94 _.
ACCEPTED:
The above is hereby agreed to and accepted: OCEAN TNERS
RINCIPAL
THE CITY OF HUNTINGTON BEACH BOBUGEEBLIGEE y:
4�PROVED AS TO FOBId.1 G I n n Car o , c . V i c e P r e s i den t
By: AMERI S C . NY
GAIL AUTTON rlrle /f 'Kerr
Attest: ITY ATTORNEY By. r'
L L L. SA
ATMRxny IN FACT
Deputy City Attorney
360717-4-76 �
FE
CITY OF HUNTINGTON BEACH
INTER-DEPARTMENT COMMUNICATION
HUNTINGTON BEACH
TO: CONNIE BROCKWAY, CITY CLERK
FROM: HOWARD ZELEFSKY, PLANNING DIRECTOR
SUBJECT: RELEASE OF PARK & RECREATION BONDS FOR
TRACTS 13527 & 13821
DATE: DECEMBER 18, 1992
The conveyance of Linear Park Parcel No. 1 (approved by City
Council on February 4, 1991) , has satisfied the Park & Recreation
in-lieu fee requirement for Tracts 13527 and 13821 (Seacliff
Estates) . As explained in a memo to Don Watson dated October 30,
1992, Pacific Coast Homes requested the park dedication be used
toward the Park/Rec requirement. At this time, the bonds
previously posted for park and recreation in-lieu fees for the
two (2) tracts can be released.
Please contact me or Wayne Carvalho of my staff if you have any
questions.
c: Don Watson, City Treasurer
Dan Villella, Finance Director
Mike Adams, Community Development Director
Wayne Carvalho, Assistant Planner
attachment
CITY OF HUNTINGTON BEACH
• INTER-DEPARTMENT COMMUNICATION
HUNTINGTON BEACH
TO: Howard Zelefsky, Planning Director
FROM: Connie Brockway, City Clerk Lsu
SUBJECT: RELEASE OF PARK & RECREATION BONDS FOR TRACTS 13527,
13821, & 13625
DATE: January 27, 1993
Enclosed are two requests for release of Park & Recreation Bonds for three different
tracts. I have checked with the City Attorney's Office and it will be necessary. for you
to have Council approval in order to release these bonds.
1452K
• •
CITY OF HUNTINGTON BEACH
INTER-DEPARTMENT COMMUNICATION
HUNTINGTON BEACH
TO: CONNIE BROCKWAY, CITY CLERK
FROM: HOWARD ZELEFSKY, PLANNING DIRECTOR
SUBJECT: RELEASE OF -PARK & RECREATION BONDS FOR
TRACT 13625 (PACIFIC BAY)
DATE: JANUARY 15, 1993
Pacific Coast Homes has satisfied the Park/Rec in-lieu fee
requirement for Tract 13625 by utilizing a previous land credit.
As indicated in a memo to Joan Stauss, Building Division, dated
April 13, 1992, the park/rec requirement for Tract 13625 ( .96 AC)
was satisfied by using a 1.82 acre credit resulting from surplus
park land following approval of Tracts 10067, 10068 and 10069.
This determination was approved by the City Attorney' s Office
which is attached for your information. As a result, the bond
previously posted for park and recreation in-lieu fees for Tract
13625 (Pacific Bay) can be released at this time.
Please contact me or Wayne Carvalho of my staff if you have any
questions.
c: Don Watson, City Treasurer
Dan Villella, Finance Director
Mike Adams, Community Development Director
Wayne Carvalho, Assistant Planner
attachment
Fm CITY OF HUNTINGTON BEACH R E C E p V d D
INTER-DEPARTMENT COMMUNICATION LJ
HU"NGTON BEACH '99
-
Dept.of Comm. Deveo;.ment
TO: MIKE ADAMS, Director Community Development
FROM: GAIL HUTTON, City Attorney
DATE: March 25, 1992
SUBJECT: RLS 92-167 Response to the Pacific Coast Homes '
letter of March 24, 1992 (attached)
Pacific Coast Homes is entitled to dedicate land instead of
paying fees. Accordingly, the application of their "credit" for
land previously accepted is an appropriate dedication of land
under the Quimby Act (California Government Code §66477) .
I will leave to your staff the verification of Pacific Coast
Homes ' calculation as outlined in the above referenced
correspondence.
GAIL HUTTON
City Attorney
GH:SL:k
CITY OF HUNTINGTON BEACH
INTER-DEPARTMENT COMMUNICATION
HUNTINGTON BEACH
TO: Joan Stauss FROM:
R M. Wayne Carvalho
Building Division Planning Aide
SUBJECT: PAYMENT OF PARK/REC FEES DATE: April 13, 1992
Pacific Coast Homes (H.B. Company) has requested to apply an
existing land credit to satisfy the City' s Park and Recreation in-
lieu fee requirement for forty-eight (48) Ocean Pointe units and
fifty-six (56 ) units within Tract 13625 (Pacific Bay) . This memo
is to inform you that the park and recreation fees for the 104
single family units are paid and that building permits may be
issued. -
cc: Howard Zelefsky
J� 4 CITY OF HUNTINGTON BEACH
INTER-DEPARTMENT COMMUNICATION
HUNTINGTON BE
TO: Sarah Lazerus FROM: Wayne CarvalY PO
Deputy City Attorney Planning Aide
SUBJECT: CREDIT FOR PARK FEES DATE: March 27 , 1992
In response to the letter dated March 24, 1992 by Kathie Leighton,
Pacific Coast Homes, I am confirming that the remaining balance for
Pacific Coast Homes includes 1.82 acres of parkland and $13,055 .28.
Pacific Coast Homes may apply a portion of the parkland credit to
satisfy the parkland dedication requirement for Tract 13625
(Pacific Bay) .
y _
� t�
PCHnI RN.,
�;TY n. PAOFICCoASFH(-)\IES
March 24, 1992
Ms. Sarah Lazarus,
Deputy City Attorney
2000 Main Street
Huntington Beach, California 92648
Dear Sarah:
In my August 23, 1991 ' letter to Mike Adams I requested that Pacific Coast
Homes credit for excess park dedication be applied to Tract 13625. The
basis for these credits were 1.82 acres per the attached February 3, 1984
memo, and $13,055.28 per the attached September 20, 1989 letter.
I understand the issue of credit amount owed became cloudy when I tried to
translate the excess .1984 dedication of land into today's dollar/acre park
fee charged. A less confusing .and controversial method of calculation is
to apply the excess park dedication credit based on acreage owed as shown
below:
1. Pacific Coast Homes has an excess credit of 1.82 acres per the
1984 memo.
2 . Tract 13625 has 56 single family lots.
3. City park fees are based on 3.43 people per single family unit
4 . City .park land dedication requirements are 5 acres per 1,000
people.
5. Tract 13625 owes .96 acres of park dedication
56 sfu*3.43 people per sfu = 192 .08 people;
5 acres/1000 people = 200 people per acre;
192 .08 people /200 people per acre = .96 acres
Pacific Coast Homes would like to apply .96 acres of their 1.82 acre
surplus to Tract 13625. This leaves a surplus of .86 acres and the 1989
credit of $13,055.28.
As the Conditional Use Permit for Tract 13625 expires mid-April, we would
appreciate your confirmation of the above credits and balance so that we
may pull permits immediately following the scheduled March 25, 1992 Zoning
Administrator's hearing. Should you require further information, please
.call me at 960-4351-.-- --
Sinc rely,
Kathie Leighton
Project Manager
cc: Michael Adams Wayne Carvalho.
C. E. Rice W. D. Holman
Mike Kaizoji
f 7un!ing un
•7� •R. •1 R c •r R R• T• '� r� /cP t t . •:� r 7 . / pyt. .,F.•1..• :• V 1 �.• :., ..i./ ,,
2 s t .t i' rs s �rC ,:Lt C�: s �:CI s s I�zjJi:Clt 1S1,r11. f�?{'?!_ r:
13625
LJ
roau,
pi i
• 1`- i � i i � � i i � r r 4 • • i i � r r i * G i• �% -i'% -�%� 1:1 i.%
� 1• : I � r' r I j t � �� y' 1
t. t a t t t ♦ � o '�. [ � � t li. ��. `. .. . .u.�.J: '..•� r •.e' ?Jt f..` - i .a:.:1• -ha.�.. .�'�.. ~t...�..
i
�D'•A'A•n w`— •.11• •;w• , .R`A'Rr w^.�"w;w• fit! .. r'
1l 1p. �a1CI
If. ` ( .f�� ( 999 ? 1 � l•.�jl.
l���oRr y�� 'I.JI`. .1'..J�.�w+•� �-��.�:• a�r'�:aiLiawli �lo.al.�
Sf31f�P—
�. r: -y:
r �
• Y Y • ► •'7 1
SLOW&M. .• .
' 4 Y, �t 79' S ti�•'
• ,I .L
1
PACIFIC BAY & OCEAN POIWE
MOWS gr. COMPOWE Jr r E PLAN
O.N')POKM PAWNERS
St0 troROw,,SW
Sr"M...G iW01 ,
' OtR;ir►p At MR�ro-
' PCH
June 30, 1992
Mr. Donald L. Watson, City Treasurer
P.O. Box 711
Huntington Beach, California 92648
Re: Park and Recreation Fees
Dear Mr. Watson:
Per your request at our June 19, 1992 meeting, below is a summary of land dedications and
park acquisition and development fee credits held by Pacific Coast Homes.
1984
Seacliff Estates dedicated 10.28 acres to the City as park dedication for the Seacliff on the
Greens project. Tract 10067 was credited with 3.44 acres; Tract 10068 with 2.30 acres; and
Tract 10069 with 2.72 acres for a total of 9.46 acres, leaving a land credit balance of 1.82
acres for use on future tracts.
1989
Pacific Coast Homes was issued a credit from the City in the amount of $219,000.00 for over
payment of park fees for the Pacific Ranch project. The City applied the credits to The
Huntington Classics (Tract 13569 — $191,576.48 and Tract 13920 — $14,368.24) a total of
$205,944.72, leaving a fee credit balance of $13,055.28 for use on future tracts.
1990
Pacific Coast Homes and Garfield Partners, as the Developers, entered into a Development
Agreement with the City of Huntington Beach. Section 2.2.1.(a).1)-6) of said agreement
required Developers to dedicate six parcels totalling 38.6 acres of Linear Park land and
receive 35.6 acres of parkland dedication credit. The City has an option for five years to
acquire either a 2.7 or 4.5.acre seventh parcel, Which would raise the dedication credit to
41.3 or 43.1 acres. Until the seventh parcel is dedicated, Developers receive a 50% credit for
acreage (approximately 6 acres) below the 5' contour.
Section 2.2.1.(h) allows the parkland dedication credits to be applied toward other residential
developments within-the-City of Huntington Beach on property owned by Chevron
Corporation or a wholly—owned subsidiary or affiliate of Chevron Corporation on the
Effective Date of the Agreement (12/5/90).
1991
Pacific Coast Homes requested that the 1984 and 1989 land and fee credits be applied to
Tract 13625 (Pacific Bay) and 48 Ocean Pointe homes on 22nd Street between Olive and
Palm Avenues (map attached). The City Attorney's Office approved the use of the credits
and the Community Development Department approved the calculations. The Permitting
A _��.:
Division of Community Development was instructed to credit the below listed amounts:
Tract 1-3625 with .96 acres, 44 Ocean Pointe homes with .75 acres; and 4 Ocean
Pointe homes with $12,480.00.
This leaves a land credit balance of .11 acre and a fee credit balance of $575.28.
Pacific Coast Homes, per the 1990 Development Agreement, dedicated the following parcels
to the City for park credit.
Acres Below Cumulative
Parcel # Date Acres 5' Contour Total Credit
1 02/05/91 5.16 5.16
2 06/30/91 7.72 1.80 11.98
3 12/31/91 6.67 18.65
1992
On June.30, 1992 Pacific Coast Homes dedicated Parcel # 4 per the Development Agreement.
Parcel 4 contained 7.43 acres, with 2.97 of those acres below the 5' contour. Cumulative total
parkland credit through the Development Agreement is currently 24.60 acres..
Pacific Coast Homes would like to apply 2.69 acres of their current land credit of 24.71 acres
(24.6+.11) to The Estates at Seacliff Country Club (Tract Nos. 13821 and 13527). Dedications
are based on the City standard of 3.43 people per single family unit (sfu) with 5 acres of
parkland per 1000 people. The calculations applicable for The Estates at Seacliff Country
Club credit are as follows:
Tract 13821 has 137 single family units (sfu).
137sfu*3.43 people = 469.91 people
5 acres/1000 people = 200 people per acre
469.91 people/200 people per acre = 2.35 acres needed for parkland dedication
Tract 13527 has 20 sfu's
20sfu`3.43=people = 68.60 people
68.60 people/200 people per acre = .34 acres needed for parkland dedication
I hope that this gives you the information needed to release bond # 32826527 for Pacific Bay
(Tract-13625),and bond #41286762 for The Estates at Seacliff Country Club (Tract # 13821)
and set up the appropriate accounts for these tracts and the Ocean Pointe units. Should you
have any questions or require additional information please don't hesitate to call me at 960-
4351.
Sincerely,
. thie Leighton
Attachments
cc: Craig Rice Tom Z.anic Mike Adams
Bill Holman Mike Kaizoji Howard Zelefsky
Brian Shally Sarah Lazarus Bob Franklin
Wayne Carvalho
1. CITY OF tfUNTINGTON BEACIA ?I.
INTCR-DEPARTMENT COMMUNICATION
w
'� NVti1��G1U'+II�CH ,�
-o Charles W. Thompson, r James W . Palin , Director
City Administrator p Development Services
,uuJ ect SEACLIFF PHASE IV Date February 3 , 1984
PARK DEDICATIONS
The Seacliff Phase IV *development contains three approved tracts and
one 450 unit parcel which meets the Coastal Commission' s affordability
requirements but is not yet an approved tract with the City.
Tract 10067 contains 194 single family detached units . Tract 10068
contains 186 townhouse units of which 149 are two-bedroom units and 37
are three-bedroom units . Tract 10069 contains 153 single family
detached units . The 450 'a-ffordable units are proposed to be
two-bedroom condominiums .
According to the City' s Park Dedication formula which was in effect
when the tracts were approved, the following acreages should be
dedicated :
-Tract 10067 3 .44 acres
Tract 10068 2. 30 acres
Tract 10069 2 .72 acres
8.46 acres
To date, 10 . 28 acres have been set aside for dedication for the first
tt:ree tracts . This amounts tb a 1 .82 acre surplus over the 8.46 acres
which are required by the formula . Staff is recommending that this
surplus dedication_ count toward the park dedication which will be
required with the development of Parcel 4 . The park dedication
requirement for Parcel 4 w3'11. be determined at the time of a project
proposal on the site . (According to the standards in effect at -this
date, a 450 unit development project would require 5 . 355 . acres.. )
JVJP :IiS : jlm
0265d _ — _-
City of Huntington Beach
2000 MAIN STREET CALIFOnNIA 92848
;►�4 ;�t tie DEVARTWNT OF COMMUNITY DEVELOPMENT
Building Division 530.5241
Plonning Division 53G•5271
September 20, 1989
William-D. Holman
Pacific Coast I-Tomes
2120 Main Street, Suite 260
Huntington Beach, CA 92648-2499
SUBJECT: PARK & RECREATION FEES FOR TRACTS 13569 & 13920
ANar 'Bill: -
1 atn in receipt of your letter dated August 23, 1989 and understand as you do that Pacific
Coast Homes holds a credit from the City in the amount of $219,000.00 for payment
towards future Park and Recreation Fees.
As you have requested, the City will apply portions of the credit towards the payment of
the Park and Recreation Fees for Final Tract Maps 13569 & 13920 when they are accepted
by the City Council. Pursuant to the formula contained within Article 996, the park and
recreation fees due are as follows:
TRACT 13569 - $191,576.48
TRACT 13920 -- $14,368.24
After application of the credit toward the Park and Recreation Fees for the subject
tracts, Pacific Coast Homes will hold a remaining credit with the City of $13,055,29.
Please con act Thomas Rogers of my staff if you have any questions regarding this matter.
Sincerel ,
Mike A a s,
Director o Community Development
MA:TR:ss C E I V
SEP 2 9 1989
V- A.-ARTIN DEV,
(3680d)
-c O
a a.® ® y
a
ti
HOMES
August 23, 1991
Mr. Michael Adams, Director
Community Development Department
2000 Main Street
Huntington Beach, CA 92648
Subject: Park and Reczeation Fees for Tract 13625 (Ocean Pointe)
Dear Mike:
Pacific Coast Homes would like to apply its existing credits for excess park dedication and fees
toward fees due on the subject tract.
I am enclosing copies of City correspondence indicating the following credits:
1. Credit per February 3, 1984 memo
(1.82 acres x $181,924/acre) $331,101.68
2. Credit per September 20, 1989 letter 13,055.28
$344,156.96
The fees for Tract 13625 are $174,719.80, leaving a credit balance of $169,437.16
I would appreciate your confirmation of the above credits and balance amount.
Very truly yours,
44-
Kathie Leighton
Project Manager
Enclosures
cc: Wayne Carvalho
Mike Kaizoji
C. E. Rice
W. D. Holman
2120 Main St., No. 260, Huntington Beach, CA 92648-2499
P71 N Ocn 1'2c1 r.n Y /71 dN Q4o_'2(,SQ
PCH
April 8, 1992
Mr. Wayne Carvalho,
Assistant Planner, Commum.ity Development
2000 Main Street
Huntington Beach, California 92649
Dear Wayne:
As you know, Pacific Coast Home's request to apply .96 acres of their 1.82 acre excess park
dedication credits to Tract 13625 has been approved by the City Attorney's office.
We are currently in the process of securing permits for Tract 13625 and for the balance of
Ocean Pointe units as located on the attached site plan. Please apply the excess park
dedication credits as follows:
.96 acres to the 56 units within Tract 13625;
$12,490.00 credit from September 20, 1989 to 4 Ocean Pointe units; and,
.75 acres to the remaining 44 Ocean Pointe units.
(44sfu'3.43 people/sfu = 150.92 people. With 5 acres/1000 people = 200
people per acre; 150.92 people/M people per acre = .75 acres.)
This should leave a surplus of $575.28 from 1989 dollar excess and .11 acres of excess park
dedication credits.
Please instruct the Permitting Department to credit the above credits to the above mentioned
projects.
Sincerely
Kathie Leighton
Project Manager
cc: C.E. Rice
W. D. Holman
M. Kaizoji
:1:3`-ii,n Sr-c,t.Suitt:(\'
3c:c^ l.-k J::::._:-
REQUE,* FOR CITY COUNCIPACTION
September 3 , 1991
Date
Submitted to: Honorable Mayor and City Council Members
Submitted by: Michael T. Uberuaga, City Administrato ^1 �--
Prepared by: Michael Adams, Director of Community Developme
Subject: FINAL TRACT MAP 13625, BEING ALL OF TENTATIVE TRACT NO.
13625, AND BONDS AND AGREEMENTS FOR TRACT 13625
Consistent with Council Policy? APPROVED BY CITY COUNCIL
[/Yes [ ] New Policy or Excepti n Q ,
_19-.{
Statement of Issue, Recommendation,Analysis, Funding Source,Alternative ction Attachments•
OF CITY CLERK
STATEMENT OF ISSUE•
The final map of Tract No. 13625 being all of Tentative Tract No.
13625, generally bounded by Goldenwest Street, Palm Avenue, 22nd
Street and Walnut Avenue, has -been submitted to the City Council for
approval . Tentative Tract No. 13625 will expire on November 16,
1991.
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.
1
V /
P10 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 b N-D
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. 11132826550
b. Labor and Material Bond No. 11132826543 _
C. Monument Bond No. 11132826535
d. Park and Recreation Fee Surety Bond No. 11132826527
ANALYSIS:
SUBDIVIDER: Ocean Point Partners
520 Broadway, Ste 100
Santa Monica, CA 90401
ENGINEER: Thomas E. Braun, P.E.
The Keith Companies
200 Baker Street
Costa Mesa, CA 92626
LOCATION: Generally bounded by Goldenwest Street, Palm Avenue,
22nd Street and Walnut Avenue.
ACREAGE: 8 . 12+
LOTS: 56
NO. OF UNITS: 56
ZONE: Townlot Specific Plan, Area One, Section A
GENERAL PLAN: Medium Densty Residential/High 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 9/3/91 -2- (0475d)
1
• ENVIRONMENTAL STATUS:
On September 27, 1988, the Planning Commission approved Negative
Declaration No. 88-25 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
MTU:MA:WC: lp
RCA 9/3/91 -3- (0475d)
ROS—O—CZ :�,'%' . RI=«R'- R4
01 DDIET,� Rl .\o p it
` _ �'`m` RI-0
, .� a �,...
RIy
o .q.� A,.�,��R,c7�a`D���1'� RIB% RI-0 ti'•,
o c.
u
fca°x: qv� ''1+,•J,to fir,. CI- RI 0;3s v °� ' ' RI-0;
c qti M2-01—CZ
kA � p� oti oti
v' I G ti ° o. � q�•� '�' `
e�R4 0 , o-
\•l 9Ci(,a/ .Pt` I II dry' RI 0 'o-).�.•RE O
M 2-01—CZ ti
gcq 5 �oryaoq
/ \\ " E I �~
N ,P• �' CF-E
® A9
ARE.ONE
C3' g I
� y IcTIONwN•R•,
D iouDLIRA
t/�•,. JQ �a
C j
NOTE.
o
RI I.!O fH a�OxS.RI a Il , , ^ •
AN, IIJYIN IxO R TT �y ' Fi '
IS INTENDED TO EXTENDI TOI THEO CENTER
OF SUCH RIGHT OF V<Y / 'R`• \`
FT 13625 (56 Lots) ok-j
%-
HUNTINGTON BEACH
HUNTINGTON BEACH PLANNING DIVISION
o
NOTICE OF COMPLIANCE WITH CONDITIONS ON TRACT/PARCEL MAP
AUTHORIZATION FOR RELEASE FOR .RECORDING
TO: City Clerk Date:
FROM: COMMUNITY DEVELOPMENT
Michael C. Adams
TRACT NO.
PARCEL MAP NO.
RECREATION & PARK FEES PAID d� D86
�D o
OTHER
Mic ael C. Adams
e -
NOTICE OF � 1PLETION WITH CONDITIONS C TRACTS
AUTHORIZATION FOR RELEASE FOR RECORDING
TO : CITY CLERK DATE :
FROM : PUBLIC WORKS DEPARTMENT
Bruce Crosby
TRACT N0 . J Z DEVELOPER 0�
CONDITIONS :
Deposit of fees for water, sewer, . . . ��
drainage, engineering and inspection
Bond for Improvement . . . . . . . . . .
Signature of Agreement . . . . . . . . .
Certificate of Insurance . . . . . . . .
I�ond for Monuments . . . . . . . . . . .
I.•rhor Bond . . . . . . . . .
c� 1lr��r
Signat
�x. ST
. c
MAY 1 ? 1991
Dept.of comm. Develorment
SUBDIVISION AGREEMENT BY AND BETWEEN THE
CITY OF HUNTINGTON BEACH AND OCEAN POINT PARTNERS
FOR TRACT NO. 13625
ATTACHMENT NO. 2.
TABLE OF CONTENTS
# TITLE PAGE(S)
1. GENERAL STREET CONSTRUCTION 2
2 . ARTERIAL HIGHWAY IMPROVEMENT 2
SPECIFICATIONS
3 . GUARANTEE 3
4 . FAITHFUL PERFORMANCE AND SECURITY 3
5 . INSURANCE 3 - 5
6 . WORKERS' COMPENSATION 5 & 6
7 . INDEMNIFICATION, DEFENSE, AND HOLD HARMLESS 6
8 . PUBLIC WARNING AND PROTECTION 6 & 7
9 . ATTORNEYS' FEES 7
SUBDIVISION AGREEMENT BY AND BETWEEN THE
CITY OF HUNTINGTON BEACH AND OCEAN POINT PARTNERS
FOR TRACT NO. 13625
THIS AGREEMENT is entered into this 3rd day
of Sept. , 1991, by and between the CITY OF HUNTINGTON
BEACH, a municipal corporation of the State of California,
hereinafter referred to as "CITY, " and OCEAN POINTE PARTNERS,
a California general partnership, hereinafter collectively
referred to as "SUBDIVIDER. "
RECITALS
WHEREAS, SUBDIVIDER is seeking to subdivide into lots a
tract of land in CITY 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.
13625; 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
1
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 article
997 of CITY' s ordinance code.
NOW, THEREFORE, in consideration of the promises and
agreements of the parties as herein set forth, the parties
agree as follows :
1. GENERAL STREET CONSTRUCTION
In the event the tract map for Tract No. 13625 is
approved by the City and CITY issues building permits for
construction of the approved structures in accordance
therewith, 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 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
2
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 the tract map is recorded, and all
labor and material bills therefore 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.
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 Six Hundred
Fourteen Thousand,- Five Hundred Dollars, ($614, 500) as
prescribed by HBOC Section 9970 , which security is given to
CITY to insure faithful performance of this Agreement and of
all of the conditions of the Tract Map. The deposit may be by
corporate surety bond, cash or other approved form of
3
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 . INSURANCE
SUBDIVIDER agrees to furnish to CITY and maintain in
force until the completion of the work herein agreed to be
done by SUBDIVIDER at SUBDIVIDER' s sole expense, a general
liability insurance policy, including coverage for bodily
injury, property damage, products/completed operations, and
blanket contractual liability, in which CITY is named as an
additional insured. The policy shall insure CITY, its
officers and employees against loss, damage or expense by
reason of any suits, claims, demands, judgments and causes of
action arising . out of the work herein agreed to be performed
by SUBDIVIDER,_ including liability arising from the acts or
omissions of CITY or third parties . The policy shall provide
coverage in an amount not less than One Million Dollars
($1, 000, 000) combined single limit coverage per occurence. If .
coverage is provided under a form which includes a designated
general aggregate limit, such limit shall be no less than the
4
per occurrence limit. In the event of aggregate coverage,
SUBDIVIDER shall immediately notify CITY of any known
depletion of limits .
Such policy shall provide coverage at least as broad as
that provided in the Standard Form approved by the National
Bureau of Casualty Underwriters, together with such
endorsements as are required to cover the risks involved. A
claims made policy is not acceptable.
SUBDIVIDER shall arrange for the policy to be so
conditioned as to cover the performance of extra or unforeseen
work, should such work become necessary.
A certificate of insurance shall be furnished by the
insurance carrier to the CITY upon execution of this agreement
by SUBDIVIDER. Such certificate shall provide that the
insurance carrier notify CITY of the expiration or
cancellation of any of the insurance policies required
hereunder not less than thirty (30) days before each
expiration or cancellation is effective. The certificate of
insurance shall evidence the required additional insured
endorsement, and is subject to approval as to form by the City
Attorney. This agreement is void and of no effect until such
approval is obtained from the City Attorney.
6 . WORKERS' COMPENSATION
SUBDIVIDER shall comply with all of the provisions of the
Workers ' Compensation Insurance and Safety Acts of the State
of California, in regard to any worker employed in the work to
be performed hereunder, and shall indemnify, defend and hold
5
harmless CITY from and against all claims, demands,. payments,
suits, actions, proceedings and judgments of every nature and
description, including attorney' s fees and costs, presented,
brought or recovered against CITY, for or on account of any
liability under any of said acts which may be incurred by
reason of any work to be performed pursuant to this agreement
by any person or entity including CITY..
SUBDIVIDER shall maintain Workers ' Compensation Insurance
in an amount of not less than One Hundred Thousand Dollars
($100, 000) bodily injury by accident, each accident, One
Hundred Thousand Dollars ($100, 000) . bodily injury by disease,
each employee, and Two Hundred Fifty Thousand ($250, 000)
bodily injured by disease, policy limit, at all times incident
hereto, in forms and underwritten by insurance companies
satisfactory to CITY; and SUBDIVIDER shall,' prior to
commencing performance of the work hereunder, furnish to CITY,
on a form approved by the City Attorney, a certificate
evidencing . such insurance; said certificate shall include a
provision that the insurer shall notify CITY at least thirty
(30) days prior to any cancellation or modification of such
policy. Said insurance shall not derogate from the provisions
from indemnification of CITY by SUBDIVIDER under Section 7 of
this Agreement .
Such insurance shall, at all .times incident hereto, be
underwritten by insurance companies satisfactory to CITY; and
SUVDIVIDER shall, prior to commencing performance of the work
hereunder, furnish to CITY, on a form approved by the City
6
Attorney, a certificate evidencing such insurance; said
certificate shall include a provision that the insurer shall
notify CITY at least thirty (30) days prior to any
cancellation or modification of such policy. Such insurance
shall not derogate from the provisions from indemnification of
CITY by SUBDIVIDER under Section 7 of this Agreement .
7. IMDEMNIFICATION, DEFENSE, AND 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 damages 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 active
concurrent negligence, sole negligence, or the sole willful
misconduct of CITY. SUBDIVIDER will conduct all defense at
its sole cost and expense. CITY costs shall be reimbursed by
SUBDIVIDER for all attorneys ' fees incurred by CITY in
enforcing this obligation.
8 . PUBLIC WARNING AND PROTECTION
SUBDIVIDER shall at all times until acceptance by the
City Council of CITY of the improvements offered for
dedication in said work, give good and adequate warning to the
traveling public of each and every dangerous condition
existent in said improvements or any of them, and will protect
7
the traveling public from such defective or dangerous
conditions . It is understood and agreed that until the
completion of all the improvements herein agreed to be
performed, each of said improvements not accepted as improved
shall be under the charge of SUBDIVIDER for the purpose of
this contract, and SUBDIVIDER may close all or a portion of
any street alley, sidewalk or right-of-way whenever it is
necessary to protect the traveling public during the making of
the improvements herein agreed to be made. SUBDIVIDER hereby
agrees to pay for such inspection of highways as may be
required by the City Engineer of CITY.
9 . ATTORNEYS' FEES
In the event suit is brought by CITY to enforce the
terms and provisions of this agreement or in any bond given to
secure the performance hereof, a reasonable attorney' s fee, to
REST OF PAGE NOT USED
8 .
•
be fixed by the court, shall be paid by the SUBDIVIDER.
IN WITNESS WHEREOF, the• parties hereto have executed
this agreement the day and year first above written:
OCEAN POINTE PARTNERS, . C O - HUNTINGTON BEACH
California general partnership .�cltrd. ' pal core -rat'ica.n -_
By: UWC OCEAN POINTE,L.P. ,
A California limited partnership
its managing general partner
Mayo
By: UWC DEVELOPMENT CORP.
a California corporation, its
general partner
By: -
Its :—
By:
I t
ATTE APPRO 0 FOR
City Clerk , City Attorney .
tEI WE AAD APPR ED: I ITIATED A APPROVED:
ity Adm' nis ra o.r Director f Public Works
9
i
CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
September 10, 1991
First American Title Insurance Company
114 E-. 5th Street
Santa Ana, CA
Attention: Subdivision Officer
RE: Tract Map No. 13625
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 _
Received by
Dated / q"C� 10,
(Telephone:714-536-5227)
CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
September 5, 1991
Ocean Point Partners
520 Broadway, Suite 100
Santa Monica, CA 90401
Gentlemen:
The City Council of Huntington Beach, at its regular
meeting held September 3 1991
approved the Subdivision Agreement for Tract o. 1362s .
We are enclosing herewith a duly executed copy for your
files.
Sincerely,
Connie Brockway
City Clerk
CB: bt
Enclosure
1 Telephone:714-536-5227)
•r_•=4.�; '^7;,=r=�.v�`� -#� k-i - :.,��..•, f- � -i..�- -ser_"r�_��vc.cs��.-.:.c�;.��.-:..:�
a/:111.��. CERTIFICAT F INSURANCES ��������t� y —TE6(MMDD/YY)
ISSUE DA /
z r -.
PRODUCER _ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
SANDLIN & ASSOCIATES DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
INSURANCE AGENCY, INC. POLICIES BELOW.
P.O. BOX 769 COMPANIES AFFORDING COVERAGE
DOWNEY, CA 90241-0769 ---------.._. . _.._._.._...._. ._.. .. _..._.__......._.. _._......._..------, .. .....___..._.._.__..._..._. .. _..-.__...--
COMPANY A SAFECO INSURANCE CO.
LETTER
_ COMPANY
INSURED '-- ___._...... .. - i LETTER B NORTH AMERICAN INSURANCE CO.
OCEAN POINTE PARTNERS, COMPANY
LETTER C INSURANCE COMPANY OF PENNSYLVANIA
A FQRN�—GElM RTNERSHIP ......._.........----............._.......--.--------------------_........- _........ ....._..
URBAN [NEST' COMMUNITIES COMPANY
, SUITE 100 LETTER D
SAWA MONICA, CA 90401 COMPANY E
i LETTER
COVERAGES s <,�- - v r _ n�•r
+'�'i `�xc•'��.';w'�e_�.:...`:.,..,-w..`"�"....��-�.f�s: '�Si=.s�iY.x"ir ..3t .�w":s�e•:�uE�d:�- t'+..s�`�xuliza.•s',s:_�L.l:.s=.sd[8a.:+-"a.rrr"��--�''cGP
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 LIMITS
LTR: - - - .i DATE(MM/DD/YY) DATE(MM/DD/YY) i .
GENERAL LIABILITY GENERAL AGGREGATE $ , 00,000.
~ X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG. $ 1 ,000,000.
___-- - - — --r-- -......
CLAIMS MADE. OCCUR. PERSONAL&ADV.INJURY $ 1 ,000,000.
A . ::_...:___ x. . CP2211709B 04-01-91 04-01-92 --- ------ _ -- -- -
OWNER'S&CONTRACTOR'S PROT. EACH OCCURRENCE $ 1 ,000,000.
X. _ ...........
FIRE DAMAGE(Any one lire) $ 50,000.
'.--.•-- --------.-_.... _..... .. ' MED.EXPENSE(Any one person) $ 5,000.
AUTOMOBILE LIABILITY i COMBINED SINGLE
._
ANY AUTO I LIMIT $
±---- APPROVED AS TO FORM
ALL OWNED AUTOS GAIL 11UTTON I City Attorney BODILY INJURY
SCHEDULED AUTOS ' (Per person) $
By: put City Attorney _
_.
I JHIRED AUTOS .�/ BODILY INJURY' ' $
�...
i NON-OWNED AUTOS ! (Per accident)
GARAGE LIABILITY
PROPERTY DAMAGE $ .
i
I i
i EXCESS LIABILITY EACH OCCURRENCE % $ 1 0,000,000.
X!UMBRELLA FORM 4290-581 2 ! 04-01-91 04-01-92 AGGREGATE — �T$ 10,000 j 000.
;OTHER THAN UMBRELLA FORM
STATUTORY LIMITS
WORKER'S COMPENSATION i _--1-- - --T- - =----- u =:--
EACH ACCIDENT' $ 1 0O0 0OO
A AND WC806213E I 09-30-90 1 09-30-91 1 DISEASE-POLICY LIMIT 1 ,OOO,OOO
EMPLOYERS'LIABILITY
DISEASE—EACH EMPLOYE— 1 ,000,000.
OTHER
-- - $66,000,000.-- LMT. OF INS.
B BUILDERS RISK — SPECIAL FORM ALL RISK
530540 01-01-91. 01-01-92 $ 5,000. DEDUCTIBLE
—
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS
CERTIFICATE HOLDER TO BE NAMED AS ADDITIONAL INSURED WITH RESPECT TO LIABILITY ARISING
OUT OF INSURED'S OPERATIONS. TRACT ##13625
CERTIFICATE HOLDER CANCELLATION 1
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
l.:,,:
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL * *r0
( ^ MAIL.�0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
CITY OF HUNTINGTON BEACH LEFT, J4ttt�Rl ® w��( svrt�aoMar�lo
tsrG*Tn®at�w
�s- * N*%CDR JRjk
t att r n�vcAa9EGjEntaa WE%-*
2000 MAIN STREET ,
HUNTINGTON BEACH, CA 92648 ;- ,:I_L��AUTHORIZE P S TATI
: , "w �: 's-e *�.:.,__._: -_ �QCORD=CORP.ORATIONF: 96
. T 19
ACORD 25=S�(7/90)•.. - _ .... . . . ._.•s•��-M.. —� �--.-z_.--• -- —� :-�•s-��•� _.._
tat
BOND NO. 11132826535
PREMIUM $106.00
MONUMENT BOND APFI?^ri;.D. AS TO_FORM:I
GA I:� EfUTTON
CITi ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: By:
Depu y City Atto ney! ,
That Ocean Pointe Partners as subdivider of Tract No. 13625 in the City of,
Huntington Beach, County of Orange, State of California, has submitted to said City of 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 Ocean Pointe Partners as principal, and THE AMERICAN INSURANCE CO.
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 a4id said certificate
up to but not in excess of the sum of Eight Thousand Eight Hundred and no/100 dollars
($8,800.00) 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 .5 day of AUGUST ,1991 •
OCEAN POINTE PARTNERS, A CALIFORNIA
GENERAL PARTNERSHIP
BY: UWC-OCEAN POINTE, L.P. A CALIFORNIA
LIMITED PARTNERSHIP, GENERAL PARTNER
BY: UWC DEVELOPMENT CORPORATION,
A CALIFORNIA CORPORATION,
K- MANAGING GENERAL PARTNER
B TEPHEN GUNTHER, PRESIDENT
THE AMERICAV INS -E OMPANY
0 )
�jJ�
_ A'
B/
RNEY- -FACT LYLE L. SANDLIN
ADDRESS 17542 E. 17TH STREET
CITY TUSTIN STATE CA
PHONE NO. (714) 669-7612 ZIP CODE 92681
.vER OF
,.-TOR.`!EY THE A►NERICAN INSURANCE COMPANY
K,`iOW All MEN BY THESE PREMNTS:That�AMERICAN INSURANCE COMPANY.a Corpo�_duiy organized and existing under the
taws of the State of New Jersey. and having i eipal office in the City and County of San FrancWalifornu. has made. constituted and
appointed.and does by these presents make.const to and appoint
-----LYLE L. SANDLIN-----
its true and lawful Attorney(s)•in-Fact.with full power and authority hereby conferred in its name.place and stead.to execute,seal.aeknowtedge and
deliver any and all bonds.undertakings,recognizances or other written obligations in the nature thereof
and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President.sealed with the corporate seal of the
Corporation and duly attested by its Secretary.hereby ratifying and confirming all that the said Attorneyis)-in-Fact may do in the premises.
This power of attorney is granted pursuant to Article Vill.Section 30 and 31 of By-laws of THE AMERICAN INSURANCE COMPANY now in full
force and effect.
"Article Vill.Appointment and Authority Assistant severaries.and Attorney-in-Fact and ASeats to accept LeW Process and Mile Appearances.
Section 30.Appointment.The Chairman of the Board of Directors, the President, any Via-President or any other person authorized by the Board of
Directors, the Chairman of the Board of Directors, the President or any Vice-President, may, from time to time. appoint Resident Assistant Secretaries
and Attorneys-in-Fact to represent and act for and on behalf of the Corporation and Agents to accept legal process and make appearances for and os
behalf of the Corporation.
Section 31. Authority. The Authority of such Resident Assistant Secretaries, Attorneys-in-Fact, and Agents shall be as prescribed in the instrument
evidencing their appointment. and any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors of by -
any person empowered to make such appoiatment."
This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE
AMERICAN INSURANCE COMPANY at a meeting duly called and held on the ZSth da% of Septcmtoer. 1966.and said Resolution has we been
amended or repealed:
"RESOLVED.that the signature of anv Vice-Resident.Assistant Secretary.and Resident Assistant Secretary of this Corporation.and the seal of thi•
Corporation may be aritaed or printed on any power of attorney.on an% revocation of an% po-cr of attorney.or on any ccruk;ite relating thereto.hs
facsimile.and any pourer of utornev.anv revocation of any power of attorney.or certificate bcanng such facstmtie upature or fa:>omtie ,cal shall tie
valid and binding upon the Corporation."
IN WITNESS WHEREOF.THE AMERICAN INSURANCE COMPANY has caused these presents to he signed b. as V icc-Prey ent.
d its corporate seal to be hereunto affixed this 30 th day of No V embe r 19 81 ,
THE AMERICAN INSURANCE COMPANY
. v� wo
i
•ei cam' By
STATE OF CALIFORNIA. j
J} sty
TTY A,YD COUNTY OF SAN FRANCISCO
io�_
n this 30th day of November , 19 81 , before mepersonanpc�,, Richard Williams
me known, who, bans by me duly sworn. did depose and say: that he is Vice-President of THE.aaIERICAN INSURANCE COMPANY. thr Cor-
pration described in and -hich executed the above instrument: that he knows the seal of said Corporation; that the seal 3ffised to the.aid instrument
is such corporate seal;that it was so affixed by order of the Board of Directors of said Corporation and that he signed hia name thereto by life order.
IN WITNESS WHEREOF.I have hereunto set my hand and affixed my official seal.the day and}ear herein first above written.
/{WiM�{f11pMWYU/tttlMttltltttttMttttttlpaJttt// _
OFFICIAL SEAL
SUSIE K. GILBERT
' NOTARY PRMLK-CALIFORNIA .....,,�.,
air i COWM OF SM FRiMCLSCO
My Commission Expires Nov.17. 1984 ; CERTIFICATE
Atutao/wtutlstta i
STATE OF CALIFOR.NIA. -
26
CITY AND COUNTY OF SAN FRANCISCO --
t, the undersigned, Resident Assistant Secretary of THE AMERICAN INSURANCE COMP.3041f. a NEW JERSEY Corporation. DO HEREBY CER-
TIFY that the foiegoing and attached POWER OF ATTORNEY remains in full force and has not been revoked;and furthermore that Article Fill.Se:-
tions 30 and 31 0(the By-law-s of the Corporation,and the Resolution of the Board of Directors.set forth in the Power of Attorney.are now in rorze.
Signed and sealed at the City and County of San Francisco.Dated the 5TH day of AUGUST 19 A 1
Resident AUdUM SATetaf)'
560711-TA-S81
1
FBIEMAXS FUND i
DMURAKE CMKPAXMS
The American Insurance Company
Specialty Insurance
Mailing Address:
Son Rafael,CA 94911-24W
Street Address:
4040 Civic-Center Drive
San Rafael,CA 94903
(41 S)491-3000
AMENDMENT TO GENERAL POWER OF ATTORNEY
Effective June 1, 1990, the domicile of THE AMERICAN INSURANCE
COMPANY changed from New Jersey to Nebraska. All other terms and ..
conditions of the attached General Power of Attorney remain in
effect.
IN WITNESS WHEREOF, THE AMERICAN INSURANCE COMPANY has caused this
amendment to be signed by its Vice President and its Resident
Assistant Secretary this 20th day of Ju1v , 19$Q.
THE AMERI-CAN INSURANCE COMPANY
By
R. D. Farnsworth
Vice President
By G
Loretta E. Anste
Resident Assistant Secretary
BOND NO. 11132826550
PREMIUM $8,586.00
FAITHFUL PERFORMANCE BOND
WHEREAS, the City Council of the City of Huntington Beach, State of California,
and OCEAN POINTE PARTNERS (hereinafter designated as "Principal") have entered
into an agreement whereby principal agrees to install and complete certain designated
public improvements, which said agreement, dated May 25, 1991 and identified as project
Tract 13625, SE Palm and Golden West, 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, therefore, we the principal and THE AMERICAN INSURANCE CO.
as surety, are helt+, and firmly bound unto the City of Huntington Beach hereinafter called
"City", in the penal sum of Seven Hundred Fifteen Thousand and Five Hundred and no/100
dollars ($715,500.00) lawful money of the United States, for the payment of which sum well
and truly to be made, we bind ourselves, our heirs, successors, executors and
administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above bounded principal, his
or its heirs, executors, administrators, sucessors or assigns, shall in all things stand
to and abide by, and well and truly keep and perform the covenants, conditions and
provisions in the said agreement and any alteration thereof made as therein provided, on
his or their part, to be kept and performed at the time and in the manner therein
specified, and in all respects according to their true intent and meaning, and shall
indemnify and save harmless "City", its officers, agents and employees, as therein
stipulated, then this obligation shall become null and void; otherwise it shall be and
remain in full force and effect.
APPROVED AS TO FORM:,
GAIT 1IUTTON
CIT A` Y
By:
Deputy City Attorney
I
( i . • •
n
Faithful Performance Bond
Page Two
As a part of the obligation secured hereby. and in addition to the face aount
specified therefor, there shall be included costs and reasonable expenses and fees,
including reasonable attorney's fees incurred by "City" in successfully enforcing such
obligation, all to be taxed as costs and included in any judgment rendered.
The surety hereby stipulates and agrees that no change, extension of time,
alteration or addition to the terms of the agreement or to the work to be performed
thereunder or the specifications accompanying the same shall in anywise affect its
obligations on this bond, and it does hereby waive notice of any such change, extension of
time, alteration or addition to the terms of the agreement or to the work or to the
specifications.
In witness whereof, this instrument has been duly executed by the principal and
surety above named, August 5 , 19 91 .
OCEAN POINTE PARTNERS, A CALIFORNIA
CENERAL PARTNERSHIP
BY: UWC-OCEAN POINTE, L.P.` A CALIFORNIA
LIMITED PARTNERSHIP, GENERAL PARTNER
BY: UWC DEVELOPMENT CORPORATION,
A CALIFORNIA CORPORATION,
M GENERAL PARTNER
BY: S E IEN GUNTHER, PRESIDENT
THE AMERICAN INSURA COMPANY
. (Name o u )
/Addre�s's
torney-in-Fact Lyle L. Sandlin
17542 E. 17th Street
City TUSTIN State CA.
Phone No. 714-669- Zip Code92681
7612
r
• i
.tTOR.-(EY THE AMERICAN INSURANCE CONTANY
KNOW ALL MEN BY THESE PRESENTS:That THE AMERICAN INSURANCE COMPANY.a Corporation duly organized and existing under the
Laws of the State of New Jersey, and having its Principal odtce in the City and County of San Francisco. California, has made. constituted and
appointed.and does by these presents make.constitute and appoint
--LYLE L. SA,NOLIN-----
its true and lawful Attorneytsl-in-Fact.with full power and authority hereby conferred in its name,place and stead.to execute.seal.acknowledge and
deliver any and all bonds.undertakings.recognizances or other written obligations in the nature thereof-------------------.---------
and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the-Resident.sealed with the corporate seal of the
Corporation and duly attested by its Secretary.hereby ratifying and confirming all that the said Attorneys sfin-Fact may do in the premises.
This power of attorney is gnnted pursuant to Article Vill.Section 30 and 31 of By-laws of THE AMERICAN INSURANCE COMPANY now in full
force and effect.
"Article V III.Appointment aad Authority Assistant seaeraria,and Attorney in-Fact and Agents to accept Legal Protest and,Hake Apparraaeas.
Section 30.Appointment.The Chairman of the Board of Directors. the President, any Via-Presideat or any other person authorised by the Board of
Directors, the Chairman of the Board of Directors, the President or any Vice-President, may, from time to time, appoint Resident Assistant Secretaries
and Attorneys-in-Fact to represent and act for and on behalf of the Corporation and Agents to accept legal process and nuke appearances for and on
bchalf of the Corporation.
Section 31. Authority. The Authority of such Resident Assistant Secretaries. Attorneys-in-Fact and Agents shall be as prc=''bed in the instrument
evidencing their appointment, and any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by
any person empowered to make such appointment."
This power of attorney is signed and scaled under and br)" the authority of the following Resolution adopted by the Board of Directors of THE
AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 23th da% of September. 196h.and said Resolutiun has twt been
amended or repealed:
'-RESOLVED.that the signature of anv Vice-President.Assistant Secretary,and Resident Assistant Seaetar% of this Corporation.and the wal of thi•
Corporation may be afffxcd or printed on any power of attorney,on an> revocation of an. power of attorne..or ran gin. ceruficwt relating therm.•. t.%
facsimile.and any power of attornep,anv revocation of an% power of attorney.or cernncate scaring such faesinstfe signature or ficmintie seal%hail t-e
valid and binding upon the Corporation.`'
iN WITNESS WHEREOF.THE AMERICAN INSURANCE COMPANY has caused these presents to he signed h. its Vice-President.
and its corporate seal to be hereunto affixed this 30 th day of November 19 81
THE.;HER1cA,y,•St:RANCE COMPANY
W0111
Lei c' By
i STATE OF CAUFOR.�IA.
ss.
t CITY AxD COUNTY OF sxs FRA?sCISCO
On this 30th day of November , 19 81 before mepe. nallrcatne Richard Williams
t to me known, who, being by me duly sworn. did depose and say: that he is vice-President of THE A\tERiCAN INSURANCE COMPANY, the Cor•
poration described in and which executed the above instrument: that he knows the seal of said Corporation; that the seal affixed to the%aid in.trument,
is such corporate seal;that it was so affixed by order of the Board of Directors of said Corporation and that he signed h6 name thereto by like order.
IN WITNESS WHEREOF.I have hereunto set my hand and affixed my official seal.the day and%ear herein firs above written.
■usuusaasuwwueuuswsuunmsusussnunus• � -
- OFFICLiL SEAL
SUSIE L GILSERf Z �•c._,
NOTARY Pl IC-C UFORHIA
Ott a coutt>Y of SAX iRM(lsco ?
My Canni63ion Expires Maw. 17.1984 � CERTIFICATE
i.u.w.cwrutwa .
STATE OF CALIFOB`414.
CITY AND COtjWI7Y OF SAN FRANCISCO sR
1. the undersigned. Resident Assistant Secretary of THE AMERICAN INSURANCE COMPA 41Y, a NEW JERSEY Corporation. DO HERESY CER-
TIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked;and furthermore that Article Fill.Se:-
dons 30 and 31 of the By-laws of the Corporation,and the Resolution of the Board of Directors.set forth in the Power of Aitorncy.ate no••in for...
Signed and sealed at the City and County of San Francisco.Dated the 5TH day of AUGUST ;~19 -4 I
1����/"
i�\tti .�
'�4ii�N• Reidmt AUnL1 t Secfetar}" -
FIREMAX3 FUND
The American Insurance Company
Specialty Insurance
Mailing Address:
Son Rafael,CA 94911-24M
Street Address:
4040 Civic Center Drive
Son Rafael,CA 94903
(415)491-3000
AMENDMENT TO GENERAL POWER OF ATTORNEY
Effective June 1, 1990, the domicile of THE AMERICAN INSURANCE
COMPANY changed from New Jersey• to Nebraska. All other terms and
conditions of the attached General Power of Attorney remain in
effect.
IN WITNESS WHEREOF, THE AMERICAN INSURANCE COMPANY has caused this
amendment to be signed by its Vice President and its Resident
Assistant Secretary this 20th day of July , 192D .
THE AMERICAN INSURANCE COMPANY
Bye --
R. D. Farnsworth
Vice President
By
Loretta E. Anste '
Resident Assistant Secretary
•
BOND NO. 111 32826543
PREMIUM $4 , 293 . 00
LABOR AND MATERIAL BOND
WHEREAS, the City Council of the City of. Huntington Beach, State of California,
and Ocean Pointe Partners (hereinafter designated as "Principal") have entered into an
agreement where principal. agrees to install and complete certain designated public
improvements, which said agreement, dated May 25, 1991, and identified as project Tract
13625, SE Palm and Golden West, is hereby referred to and made a part of 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 Procedure in the sum of Three
Hundred Fifty-Seven Thousand and Seven Hundred and Fifty and no/100 dollars ($357,750.00),
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
taxes as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure 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.
APPROVED AS TO FORM:I
G.AIL HUTTON
CITJ ATT '
By:
Deputy City Attorney
/ ~
Alf
Labor and Material Bond
j Page Two
Should the condition of this bond by 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 affect its obligations on this bond, and does hereby waive
notice of any such change, extension, alteration or addition.
IT WITNESS WHEREOF, this instrument has been duly executed by the principal and
surety above named, on AUGUST 5 , , 19 91
OCEAN POINTE PARTNERS, A CALIFORNIA
GENERAL PARTNERSHIP
BY: UWC-OCEAN POINTE, L.P. A CALIFORNIA
LIMITED PARTNERSHIP, GENERAL PARTNER
BY: UWC DEVELOPMENT CORPORATION,
A CALIFORNIA CORPORATION,
ANAGING GENERAL PARTNER
1
BY: ST PHEN C , PRESIDENT
I
THE AMERICAN INSURANCE COMPANY
' NAME SU ETY )
ATTO KEY— —FACT LYLE L S DLIN
I DRESS 17542 E. 17TH STREET
CITY- TUSTIN STATE- CA.— —
PHONE NO. 714-669-7612 ZIP CODE- 92681
i
..o>iKEY T IERICAN INSURANCE COMPANY
Y-NOW ALL MEN BY THESE PRESENTS:Th E AMERICAN INSURANCE COMPANY.a Coon duly organized and existing under the
laws of the State of New Jersey, and having t principal office in the City and County of San F o. California. has made. constituted and
appointed,and does by these presents make. constitute and appoint
-----LYLE L. SANDLIN-----
its true and Lawful Attorne,W-in-Fact.with full power and authority hereby conferred in its name.place and stead.to execute.sell.acknoMledge and
deliver any and all bonds.undertakings,recognizanccs or other written obligations in the mature thereof----------------------------
and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President.sealed with the corporate seal of the
Corporation and duly attested by its Secretary.hereby ratifying and confirming all that the said Attorneyls}in-Fan may do in the premises.
This power of attorney is granted pursuant to Article Vill.Section 30 and 31 of By-laws of THE AMERICAN INSURANCE COMPANY noy in full
force and effect.
"Article VIII,Appointment and Authority Assisant seacrariet.tad Attorney-in-Fact and Ageau to accept Leta!Proctor and,Kate Appearances.
Section 30.Appointment.The Chairman of the Board of Directors, the President. any Vice-President or any other person authorized by the Board of
Directors, the Chairman of the Board of Directors, the President or any Vice-President, may.from time to tie,appoint Resident Assistant Secretaries
and Attorneys-in-Fact to represent and act for and on behalf of the Corporation and Agents to accept legal process and make appearances for and on
behalf of the Corporation.
Section 31. Authomitir. The Authority of such Resident Assistant Secretaries. Attorneys-in-Fact. and Agents shall be as prescribed in the instrument
evidencing their appointment, and any such appointment and aU authority granted thereby may be revoked at any time by the Board of Directors or by
any person empowered to make such appointment."
This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Director% of THE
AMERICAN INSURANCE COMPANY at a meeting duly called and held on the !Ilih da% of September. 19trn-and said Resolution has not been
amended or repealed:
"RESOLVED.that the signature of anv Vice-President. Assistant Secretary.and Resident Assistant Secretw% of this Corporation.and the wal of Ihi.
Corporation mar be affixed or printed on any power of attorney,on any revocation of an% poi cr of atiorne%.or on an, certificate relating thereoo. h,
facsimile.and any power of utornev.any revocation of an% poser of attorney.or certificate bearing such facsimile signature or fa:•sende Neal %hall K
valid and binding upon the Corporation."
IN WITNESS WHEREOF.THE AMERICAN INSURANCE COMPANY has caused these presents to he signed h. its ice-President.
and its corporate seal to be hereunto affixed this 30th day of November 19 81 •
THE AMERICAN INSURANCE COM PAN 1'
jr
-ter- ♦ 1\/\��\yrC� � 1�o � Wo.
Bg "I
STATE OF CALIFORNIA. 1
J} saw
CITY AND COUNTY OF SAN FRA.yCISCO
On this 30th day o f November , 19 81 , before me personalty came Richard Williams
to me known, who, bernj by me duly sworn. did depose and say: that he is Vice-President of THE.4-MERiCAN INSURANCE COMPANY. the Col.
Qoration described in and which executed the above instrument: that he knows the xal of said Corporation: that the seal afficed to the,aid in,trument
is such corporate seal:that it arts so affixed by order of the Board of Directors of said Corporation and that he signed hit name thereto by file order.
IN WITNESS WHEREOF.I have hereunto set my hand and affixed me official seal,the day and%ear herein fast above written.
■euaatuuuwwuwwtr»menun�nu�uuuuu ti —
OFFiCIAL SEAL
• SUSIE K. GILBERT
NOTARY PIISLIC•CAUFORNIA ? ....►.ton,
Cr" a COUM of wt FIMUsco
S _ Ny,commission Expires Nov.17.lsgu CERTiF1CATE
istuutwwssswtiws ,
STATE OF CALIFORNIA.
CTTY AND COUNTY OF SAN FRANCISCO
L the undersigned. Resident Assistant Secretary of THE AMERICAN�114SURANCE COMPANY.a NEW JERSEY Corporation. 00 HEREBI' CER-
TIFY that the foiegoing and attached POWER OF ATTORNEY remains in full force and has nor been revoked-and furthermore that Article VIII. Se;-
tions 30 and 31 of the By-laYi of the Corporation,and the Resolution of the Board of Directors,set forth in the Power of Attorney,are noW in tor%:r.
Signed and staled at the City and County of San Francisco.Dated the 5TH day of AUGUST 19 ,
•r
Relent Annum Searsi ar?
350711-TA-541
FUXMM'S FM
DtSURA=COWAKM
The American Insurance Company
Specialty Insurance
Mailing Address:
Son Rafael,CA 94911-2400
Street Address:
4040 Civic Center Drive
Son Rafael,CA 94903
(415)491-3000
AK M?MT TO GENERAL POTTER OF ATTORNEY
Effective June 1, 1990, the domicile of THE AMERICAN INSURANCE
COMPANY changed from New Jersey to Nebraska. All other terms and
conditions of the attached General Power of Attorney remain in
effect.
IN WITNESS WHEREOF, THE AMERICAN INSURANCE COMPANY has caused this
amendment to be signed by its Vice President and its Resident
Assistant Secretary this 20th day of July
THE AMERICAN INSURANCE COMPANY
By
R. D. Farnsworth
Vice President _
By
Loretta E. Anste
Resident Assistant Secretary
GAIL HUTTON-
CITY ATTORNEY BOND NO. 11132826527
PREMIUMBy:s $2,097.00
SUIT19 tty Attorney
KNOWN ALL MEN BY THESE PRESENTS:
THAT WE, OCEAN POINTE PARTNERS AS PRINCIPAL, AND THE AMERICAN INSURANCE CO.
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"niE STATE OF CALIFORNIA, AS SURETY ARE IiELD AND FIRMLY BOND TO
THE CITY OF HUNTINGTON BEACH, IN THE SUM OF ONE HUNDRED SEVENTY FOUR THOUSAND
SEVEN HUNDRED NINETEEN AND 80/100, LAWFUL MONEY OF THE UNITED STATES OF AMERICA.
TO BE PAID TO THE SAID CITY OF HUNTINGTON BEACH FOR WHICH PAYMENT, WELL AND
TRULY BE MADE, WE BIND OURSELVES, OUR HEIRS, EXECUTORS AND SUCCESSORS JOINTLY
AND SEVERALLY, FIRMLY BY THESE PRESENTS.
THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, THAT, WHMEAS THE PRINCIPAL
IS THE "SUB-DIVIDER" OF TRACT/3625 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 $174,719.80 IN LIEU OF THE DEDICATION OF LAND FOR PARK AND
RECREATIONAL PURPOSES PRIOR TO THE RECORDATION OF THE FINAL MAP FOR TRACT 13625
AND PRINCIPAL HAS REQUESTED DEFERRAL OF THE TIME TO PAY IN LIEU FEES UNTIL THE
INSURANCE FOR A CERTIFICATE OF OCCUPANCY OR THE FINAL INSPECTION OR ANY UNIT
THEREOF, WHICHEVER EVENT SHALL FIRST OCCUR.
NOW, THEREFORE, IF PRINCIPAL SHALL PAY THE PARK AND RECREATION FEES
EXACTED BY THE CITY FULLY IN A TIMELY MANNER AND PRIOR TO THE ISSUANCE OF A i
CERTIFICATE OF OCCUPANCY FOR THE FIRST UNIT IN SAID TRACT 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; O'I! ERWISE
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 `USTIN, CALIFORNIA,
THIS 30TH DAY OF Jmy,. _ _1.991 ,
i
OCEAN POINTE PARTNERS, A CALIFORNIA THE AMERICAN INSURANCE_ COMPANY
i GENERAL PARTNERSHIP SURETY
BY: UWC-OCEAN POINTE, L.P. A CALIFORNIA
- � ' LIMITED PARTNERSHIP, GENERAL PARTNER
! BY: UWC DEVELOPMENT CORPORATION, BY:, L. SAND
1 _. A CALIFORNIA CORPORATION, ATTORNEY-IN-FACT
? MANAGING GENERAL, PARTNER
17542 E. 17TH STREET
TUSTIN, CA 92681
(714) 669-0911
i . BY: HEN G , PRESIDENT
I
'`lv°EY AMERICAN INSURANCE CO MAY'
,,(OW ALL MEN BY THESE PRESENTS:That THE AMERICAN INSURANCE COMPANY.a Corporation duly organized and existing under the
Aws of the State of New Jersey, and having its principal office in the City and County of San Francisco. California. has made. constituted and
appointed,and does by these presents make,constitute and appoint
--LYLE L. SANDLIN-----
its true and lawful Attorney(s}in-Fact.with full power and authority hereby conferred in its name.place and stead,to execute,seal.acknow ledge and
4 deliver any and all bonds,undertakings,recognizanccs or other written obligations in the nature thereof————————————————————————————
1' and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President,sealed with the corporate seal of the
Corporation and duly attested by its Secretary,hereby ratifying and confirming all that the said Attorney#s)-in-Fact may do in the premises.
This power of attorney is granted pursuant to Article Vill.Section 30 and 31 of By-laws of THE AMERICAN INSURANCE COMPANY nou in full
1' force and effect.
"Article VIII,Appointment and Authority Assistant secretaries,and Attorney-in-Fact and Agents to accept Legal Process and Make Appearances.
Section 30.Appointment. The Chairman of the Board of Directors, the President, any Vice-President or any other person authorized by the Board of
Directors, the Chairman of the Board of Directors, the President or any Vice-President, may, from time to time, appoint Resident Assistant Secretaries
and Attorneys-in-Fact to represent and act for and on behalf of the Corporation and Agents to accept legal process and make appearances for and on
behalf of the Corporation.
t
Section 31. Authority. The Authority of such Resident Assistant Secretaries, Attorneys-in-Fact, and Agents shall be as prescribed in the instrument
evidencing their appointment, and any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by
f any person empowered to make such appointment."
This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE
AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 28th day of September. 1966. and said Resolution has not been
amended or repealed:
"RESOLVED.that the signature of any Vice-President.Assistant Secretary.and Resident Assistant Secretary of this Corporation.and the ce11 Of chi-
Corporation may be aMxed or printed an any po%Lcr of attorney. on any revocation of any power of attorney, or on •rn% certificate relating thereto. h\
facsimile.and any power of attorney.any revocation of any power of attorney.or certificate bearing such frccimle signature or facsimile heal %hall I e
valid and binding upon the Corporation.
IN WITNESS WHEREOF.THE .AMERICAN INSURANCE COMPANY has caused these presenrs to he signed by its Vice-president.
and its corporate seal to be hereunto affixed this 30th day of November 19 81 ,
7HEAHER1CAh INSt.'R ANC ECOMPAN1'
B
• \'Kb c•.tcru
STATE OF CALIFORNIA.
ss.
CITY AND COUNTY OF SAN FRANCISCO
On this 30th day of November , 19 81 before me personally came Richard Ui 11 i amS
to me known, who, being by me duly sworn, did depose and say: that he is Vice-President of THE AMERICAN INSURANCE COMPANY. iht Cor-
poration described in and which executed the above instrument: that he knows the seal of said Corporation. that the seal affixed to the said in.trurtent
is such corporate seal;that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order.
IN WITNESS WHEREOF.l have hereunto set my hand and affixed my official seal.the day and year herein first above written.
®uuusshss/w.uunmwnu//nn sell all mtsBell a
OFFICIAL SEAL
SUSIE K. GILBERT =
NOTARY PUBLIC-CALIFORNIA = %.Aar%wm.
a Clr1I i cowY OF Sa FkA disc II
My Commission Expires Nov.17.19BA ; CERTIFICATE
■////rap/tnau//////n/tw///a//ertawa///w/nwtw/i
STATE OF CALIFOWNIA,
CITY AND COUNTY OF SAN FRANCISCO
1, the undersigned. Resident Assistant Secretary of TIME AMERICAN INSURANCE CONIPAN'Y, a NEW JERSEY Corporation. DO HEREBY CER-
TIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked; and furthermore that Article Fill. Se:-
tions 30 and 31 of the By-laws of the Corporation,and the Resolution of the Board of Directors,set forth in the Power of Attorney.are now in force.
Signed and sealed at the City and County of San Francisco.Dated the 3 0TH day of JULY 19 C)l _ • .
Resident Assistant Sec-mary•
•et N
360711-TA-541
e .r,
EMMS r
DMVXW=OWAX=
The American Insurance Company
Specialty Insurance
Mailing Address:
San Rafael,CA 94911-24M
Street Address:
4040 Civic Center Drive
Son Rafael,CA 94903
(41 S)491-3000
AMENDMENT TO GENERAL POWER OF ATI`ORNEY
Effective June 1, 1990, the domicile of THE AMERICAN INSURANCE
COMPANY changed from New Jersey to Nebraska. All other terms and
conditions of the attached General Power of Attorney remain in
effect.
IN WITNESS WHEREOF, THE AMERICAN INSURANCE COMPANY has caused this
amendment to be signed by its Vice President and its Resident
Assistant Secretary this 20ch day of July , 192.
THE AMERICAN INSURANCE COMPANY
By _
. R. D. Farnsworth
Vice President
y_C;;I Za:
Loretta E. Anste '
Resident Assistant Secretary