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Home My WebLink AboutRelease of Securities - City Acceptance of Tract No 13478 - HB CITY OF HUNTINGTON BEACH - INTER-DEPARTMENT COMMUNICATION - TO: CONNIE BROCKWAY, City Clerk > _ FROM: GAIL HUTTON, City Attorney _ = DATE: May 19, 1998 SUBJECT: Tract Nos. 13478, 13722, and 14979 have reviewed your two memoranda dated May 15, 1998 regarding the above referenced Tract Maps. I concur on both issues as to typographical errors and agree that the bonds = should be released. City Attorney cc c- ': __ o--4 C ' a 6 c:wor,G m rn co ;ma1C0rrC&/11 t —t .• • ��•�, � M VP Q- Ll HI 11. Ll jx fRANPfOPT LIT 'F-SPEC:lF MN DIRI • Dl t_ °° �` � 'o oa�a MH-FP2 Cf4r • J yZ N � otTRaT (---Avc. • b 'P y Q NICAGO��O�-Avc a R2-PO•CZ-tfP2 •e Li O l• D O < 2 1 �'•j a tit /t j 'r j eA� i U. 1ey i R2-PD rr• N j. $ r �... ` N /S FC•` '/' P � tr •fP2 •112•Pv-CZ•fK r•. • t,9/,�/C of �. •L� tr 'o ':!�'�� I R2•PD-CZ-FP2 ,�/' .(,j.` 9 � r•ti ti B �.'.Y _ H -�1 G �!t$f�':: a _,,'ef?NRi::;;y' i; / f0 'fo 3 e� I 7 ?leer 'S►:*! R2-PD-CZFP2 TOW% S�EQFIC PCB �°wt `j± �;r:N�.::;.•q•. A'DIST ICT 4Bo3 p(I -FP2 ...... R2-PD-CZ m �)� .�: RAY• •:tw:'�:9!�.:�•�. R2-PD-cZ'tP? / / .•yi:• 00 0/S Sp b n I Vl ! .... ' •°C75ilR::••.. tRj FC/R/ i �.d /��. Vr....^N.�. ... •,,,fir.`• ,,� /C °.st'�r cr ql A i••� s (�� .. R2-PD-CZ-FP2 ', R2-PD-Cj=•j�2- 'T So t ° ?•,: : \MH-CZ FPZ t. ,yttK::::::M:••`;':�::nrrr y. �/i�A4.% �j�(i� N R2-PD-CZ�FP�•''.�'Nrrt�ta '!: '✓ ` -0 DOWNTOWN SPECIFIC PLAN-0 t.;�^• e om DIST M Bb-FP2 i • fuT .•\ o�H-.�\.. .I FT 1 %3-lzz HUNTINGTON BEACH HUNTINGTON. BEACH PLANNING DIVISION Executed in Four (4) Counterparts LION Il No . 3SM 716 >�ltr_;MIU M $4",590.00 FAITHFUL PERFORMANCE BOND 7`.Y:� WHEREAS, the City Council of the City of HuntingtW—Bel" of California, and California Resorts/Haseko Associates (hereinafter designated as "Principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated 19 and identified as Tract No. 13722 project N/EP.C.H. & Main is hereby referred to and made a part hereof; and WHEREAS, said principal is required under the terms of said agree- ment to furnish a bond for the faithful performance of said agreement. Now, therefore, we the principal and American Motorists Insurance Company as surety, are held and firmly bound unto the City of Huntington Beach hereinafter called "City", in the penal sum of Two Hundred Twenty Nine Thousand Five Hundred -------------------- dollars ( $229 ,500.00 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind uurselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators, successors or as--signs, 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. Faithful Performance Bond As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees incurred by "City" in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The surety hereby stipulates and agrees that no change, extension f time, alteration or addition to the terms of the agreement or to the work to e performed thereunder or the specifications accompanying the same shall in nywise affect its obligations on this bond, and it does hereby waive notice of A ny such change, extension of time, alteration or addition to the terms of the greement or to the work or to the specifications. In witness whereof, this instrument has been duly executed by the principal and surety above named, January 24th 19 8,g__. as Principal By • By Amer Acn/94orists Insurance Company as Surety By Willi m J.Shupper,Attorney in Fact By BOND NO. 3SM 716 901 00 The Premium for this Bond is: S4 .590.00 Executed in Four (4) Counterparts Bond No.3SM 716 901 00' • �emium included in F P Bond , T Uli 0 11`0 ,! ;I LABOR AND MATERIAL BOND C, 7 T, K C At- rrTY WHEREAS, the City Council of the City of HuntiW go Beath, Mate of California, and California Resorts/Haseko Associates (hereinafter designated as "Principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated , lg__, and identified as project Tract No-13722 N/E P.C.H & Main , is hereby referred to and made a part hereof; and WHEREAS, under the terms of said agreement, principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Huntington Beach to secure the claims to which refeience is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of Civil Code of the State of California. Now, therefore, said principal and the undersigned as corporate surety, are held .firmly bound unto the City of Huntington Beach and all con- tractors, subcontrdctors, laborers, materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid One Hundred Fourteen Thousand Code of Civil Proceedure in the sum of Seven Hundred Fifty --------dollars ( $114 ,750.00 ) , for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by "City" in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all pnrsnns, companie5 and corporations entitled to file claims under Title 15 (connencing with Section 3082) of Part 4 of Division 3 of La'tgr and Material "and Page: 2 the Civil Code so as to a give right of action totem or their assignsin g g any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no .change, extension of time, alteration or addition to the terms of said agreement or the speci- fications accompanying the same shall in any manner affect its obligations on this bond, and does hereby waive notice of any such change, extension, alteration or addition. IN WITNESS WFERFAF, this instrument has been duly executed by the principal and surety above named, on _ aan„ar4 74th , 19$�_• falifnrnia RAsnrtt/HasPko Associates , as Principal By. Ame ican Motorists Insurance Company aS Surety By: • 'am J .Shupper,Attorney in Fact j i By. 1117 fit�•-_:._' !. A _ OFFICE OF THE CITY CLERK r' CITY OF HUNTINGTON BEACH am;-- - -a Via INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH `!1'1 TO: Jennifer McGrath, Deputy City Attor ey FROM: Janelle Case, Deputy City Clerk SUBJECT: Chronology of The Release Of Bonds For Tract Nos. 13478 and 13722 -- DATE: May 15, 1998 September 3. 1996 The CitY Council Approved: Releasing the bonds for Tract Nos. 13478 and 13722. (Separate RCA's attached) The bonds stated on the RCA for Tract No. 13722 are 3SM71690100, 3SM71690100 and 3SM71690200 and are the correct bonds to be released. (Copies of bonds > _. attached). The bonds stated on the RCA for Tract No. 13478 are also the same bonds as above for Tract No. 13722. This is incorrect and the bonds that the City Treasurer has and should sue'' be released are 3SM7174500, 3SM71714500 and 3SM71710000. (Copies of bonds attached). xY` ' Due to the fact that both of these RCA's were authored by the same individual and they went to the City Council on the same agenda it appears that the author mistakenly duplicated the bonds to be released for Tract No. 13478. The City Clerk's Office would like your concurrence, so that these bonds may be =:� - released and do not have to go back to the City Council for approval. =_= y==` If you require any additional information, please do not hesitate to give me a call. Thank you for your help. CC:7ReA,5��RNS oi�i� -_ g:follow-up:tract/bondcorr.doc:jc Council/Agency Meeting Held: Deferred/Continued to: pproved ❑ Conditionally Approved ❑ Denied City Clerk's Sig ure Council Meeting Date: September 3, 1996 Department ID Number: PW96-050 CITY OF HUNTINGTON BEACH REQUEST FOR ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Adminlstra PREPARED BY: �f LES M. JONES II, Director of Public Works SUBJECT: I RELEASE OF SECURITIES -- CITY ACCEPTANCE OF TRACT NO. 13722 (Pierside Pavilion) Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: California Resorts/Haseko Associates, the developer of Tract No. 13722 (Pierside Pavilion), has completed all required public improvements and is requesting a release pursuant to the provisions of the Subdivision Map Act. Funding Source: Not applicable Recommended Action: 1. Accept the improvements constructed and dedicated for public use with Tract No. 13722 (Pierside Pavilion); and, 2. Release bond Nos. 3SM 71690100, 3SM 71690100 and 3SM 71690200, the security furnished for faithful performance, labor and material and monuments respectively, and 3. Accept Maintenance Bond No. 423172S; the security furnished for guarantee and warranty of improvements, and instruct the City Clerk to file the bond with the City Treasurer; and, -2- 08/26/96 7:46 AM 4. Instruct the City Clerk to notify the developer, California Resorts/Haseko Associates of this action, and the City Treasurer to notify the bonding company of this action. Alternative Action(s): Deny the recommended action. Analysis: On March 20, 1989, the City Council approved Final Map No. 13722 (Pierside Pavilion), 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, cross gutters, wheelchair ramps, street lights, sewer, storm drain 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;he public improvements. The developer has provided Maintenance Bond No. 423172S as security. Following is a list of project data: Subdivider: California Resorts/Haseko Associates 18101 Von Karman Ave., Ste. 100, Irvine, Ca. 92715 Engineer: Walden & Assoc., 18012 Cowan, Ste. 210, Irvine, Ca. 92714 Title Co.: First American Title Co., 114 E. 5th St., Santa Ana, Ca. 92702 Lc ration: Northeast --orner of Pacific Coast Hwy. & Main St. Lots: 1 Acreage: 2.119 Zone: Downtown Specific Plan-District No. 3 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). 0020415 01 -3- n_.n.ie_A-Ine I Attachment(s): city Clerk's ' Page Number 1 Location map 2 Maintenance Bond No. 423172S (On F i l e) LMJ:BPC nn?ndis of -4- 08/14/96 7:47 AM TR 13722 - 41 T I i 1 2O 0 0 y�r NOT TO SCALE ATTACHMENT NO. 1 LOCATION MAP �J Me J CITY OF HUNTINGTON BEACH VED BY CITY COUNCIL" ZK.a/�y REU ST FOR CITY COUNCIL ACTION i .za CITY E Date March 20, 1989 Submitted to: Honorable Mayor and City Council Submitted by: Paul Cook, City Administrator ).& Prepared by: Michael Adams, Director, Community Development Subject: FINAL TRACT MAP 13722, BEING A PORTION OF TENTATIVE . TRACT NO. 13478, AND BONDS AND AGREEMENTS FOR TRACT 13722 Consistent with Council Policy? [ 4 Yes [ ] New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: STATEMENT OF ISSUE' The final map of Tract No. 13722 being a portion of Tentative Tract No . 13478, located on the Southeast corner of Pacific Coast Highway and Main Street has been submitted to the City Council for approval . Tentative Tract No . 13478 will expire on Arpil 15, 1990 . 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. e. The Declaration of Covenants, Conditions and Restrictions shall be reviewed and approved by the Department of Community Development and approved as to form by the City Attorney prior to recordation of the final map. .f . The Park and Recreation fees shall be paid or a surety posted in an amount equal to the in-lieu fees and approved as to form by the City Attorney prior to recordation of the final map. 5 . It is also recommended that the City Council accept the following bonds and instruct the City Clerk to file them with the City Treasurer . It is further recommended that the City Council accept the subdivision agreements and instruct the City Clerk to file one copy and return the second to the subdivider . a . Faithful Performance Bond No . 3SM 71690100 b. Labor and Material Bond No. 3SM 71690100 C. Monument Bond No . 3SM 71690200 ANALYSIS• SUBDIVIDER: California Resorts/City of Huntington Beach Redevelopment Agency ENGINEER: Walden & Associates David L. Walden, R.C.E. 19402 LOCATION: Southeast corner of Pacific Coast Highway & Main Street ACREAGE: 2 . 119 acres (gross) LOTS: 1 ZONE: Downtown Specific Plan, District 3 GENERAL. PLAN: Mixed Development 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 FINAL TRACT 13722 -2- (2190d) I ENVIRONMENTAL STATUS: The project is covered by Environmental Impact Report No. 82-2 pursuant to Section 15182 of the California Environmental Quality Act . FUNDING SOURCE: Not applicable . ATTACHMENTS: 1 . Area map 2 . Subdivision Agreement 3 . Monument Bond 4 . Faithful Performance Bond 5 . Labor and Material Bond MA:TR: jr . I i RCA - FINAL TRACT 13722 -3- (2190d) E�ted in Four (4) Counterparts .- :, i MONUMENT BOND Bond N 3SM 716 902 00 Premium $150.00 i 1 KNOW ALL MEN BY THESE PRESENTS: J�>; That California Resorts/Haseko Associates , as subdivider of Tract No. 13722 in the City of Huntington Beach, County of Orange, State of California, has submitted to said City a Final Map of said tract ontaining an engineer's or surveyor's certificate stating that all final monuments 11 be set in the positions indicated on or before the date specified in said certifi- ate: That said California Resorts/Haseko Associates (Subdivider) / s principal, and American Motorists Insurance Company s surety, hereby guarantee to the City of Huntington Beach the payment of the cost of setting all such monuments within or in connection with said tract, as are not already set prior to the recording of said Final Map, in accordance with said map and said certificate up to but not in excess of the sum of $ 7,500.00 , in which sum we arc held and firmly bound to the City of Huntington Beach, all in ccordance with and subject to the terms, conditions and provisions of Article 9, hapter 4 of the Government Code of the State of California. IN WITNESS WHEREOF, we have executed' this instrument this 24th 11 ay of January 19 89 California-"its/Ha e o Associates as Principal By.- By: America Motorists Insurance Company as Surety By. Will a J, hupper,Attorney in Fact . ay. i .'-IN-FACT • tornia ss: os Angeles onuary 24,1989 -_ ,,before me,a Notary Public, personally appeared i 11 i am J Shuppe r , personally known to me(or proved to me on the basis of evidence) to be the person who executed this instrument as Attorney-in-Fact of merican Motorists Insurance Company , the ' a therein named and acknowledged to me that the corporation executed it. ................. FFlClAL SEAL :....:..::,., ESS WHEREOF.I have hereunto set my hand and affixed ; O : I!seal; the day and year stated in this certificate above. _ PATRICIA A. DOLAN Y NOTARY PUBLIC-CALIFORNIA : �• LOS ANGELES COUNTY MyCommissionExpires Feb.8,1991 ' - .lic This area for Offtcal Notarial Seal s Partner of a Partnership) STEWART TITLE �ALIFORNIA t OAMI F ORANGE 1 sitil S.S. TH day of JANUARY JJJ Sanrrrll'of Cowart WOODS in the year 1989 , before me, E. GATI a Notary Public in and for said county and state, Personally appeared Personally known to me(or proved to me on the basis of satisfactory evidence) President and ,pe y (or proved to me on the basis of satisfactory evidence)to be the Secretary of CAL IF, RESbKTSn III�iT'L INC i that executed the within instrument and personally known to me(or proved to me on the basis of satisfactory ev- 03ue he persons who executed the within instrument on behalf of said corporation,said corporation being 7LNJ tobeoneOfthePartnersof — CA IFDRNIA RFS(1RTC/uAccv gpersonally 1 I)011,11 that executed the within instrument and acknowledged to me that such corporationexe executed he same as such it such partnership executed the same. :ttr11V .Ir.rtll j1 t,sl i and and official seal. sg DMA wows q'I 7 �v krARY lxleLlc-cALIFMA CRANSE CaDANA WOODS M EXP.wov. 6..1992 Lb3J 33 Name(Typed or printed) CALIF RNtA iss. TYOF_ Los Angeles ) { 1 Januar tY 30, 1989 before me,the undersigned,a Notary Public in and for late,personally appeared— KAZUYUKI USUI __`-_-_and _—,personally known to me(or proved to me on the basis sfactory evidence)to be the persons who executed the within instrument as_ President and Secretary,on behalf of- HASEKO_ P_ ER-COLON.Y, INC. i yrporation therein named,and acknowledged to me that said (?ration executed the within instrument pursuant to its by OFFICIAL SEAL Ora resolution of its board of directors,said corporation being �''• a Cn to me to be one of the partners of CALI FORNIA; 1(AN�aEE�� TbBE :ESORTS/HASEKO ASSOCIATES = LOSANGMCWNIY i partnership that executed the within instrument, and ack- my co oft�P•MWW M 1M1 ledger to me that such corporation executed the same as ~ , h partner and that such partnership executed the same. `r ESS d and fficial se I at (This area for official notarial seal) N MOTORISTS INSURA& COMPANY naTl�� Mice: Long Grove, IL 60049 , ca Panles ,DER OF ATTORNEY ',low All Men By These Presents: That the American Motorists Insurance Company, a corporation organized and existing under the laws of the State of Illinois,and having its principal office in Long Grove, Illinois,does herebyappolnf •►►►►►►►►►•►►►►►►►►►►►►►►►►►►►►►►►►►►►►►►►►• William J. Shupper of Los Angeles, California its true and lawful agent(s)and attorneys)-in-fact,to make,execute,seal,and deliver during the period beginning with the date of issuance of this power and ending; December 31, 1990, unless sooner revoked for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings .***** ************************** EXCEPTION: NO AUTHORITY is granted ►t) make, execute, seal and deliver any bond or undertaking which guarantees the IMY111 rat or collection of any prunlissory note,check,draft or leuer of ciedit. This authority dues not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the American Motorists Insurance Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said American Motorists Insurance Company as fully and amply to all invents and purposes,as if the same had been duly executed and acknowledged by its regularly elected officers at Its principal office in Long Grove,Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1990. This Power of Attorney is executed by authority of a resolution adopted by the Executive Committee of the Board of Directors of said American Motorists Insurance Company on February 23, 1988 at Long Grove, Illinois, a true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED.That the Chairman of ilia Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary,or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact,and to authorize them to execute on behalf of the Company,and attach the seal of the Company thereto,bunds and undertakings,recognizances,contracts of indemnity and other writings, obligatory in the nature thereuf,and any such officers of the Company may appoint agents for acceptance of process;' This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Board of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: "VOTED,That the signature of the Chairman of the Board,the President,any Vice President,or their appointees designated in writing and filed with the Secretary,and the signature of the Secretary,the sell of the Company and certifications by the Secretary,may be affixed by facsimile on any power of attorney or born)executt•d pursuant to resolution adopted by die Executive Committee of the Board of Directors on February 23, 191111.111d any such power so I'm'Cuti•il,si•alud and c ertilied with reslxrt•1 to any burl or undertaking to which it is attached,shall continue to be valid and binding upun lliv Colupany:' In Testimony Whereof, the American Motorists li <ur mce Company has caust•d this instrument lobe signed and its corporate seal to be affixed by its authorized officers, this lfth day of_Q-Ctober , 19 8. Attested and Certified: AMERICAN MOTORISTS INSURANCE COMPANY B F.C.McCullough,Secrelary J.S.Kemper,111,Senior Vice President STATE OF ILLINOIS ss COUNTY OF LAKE I, Rose K. Rayner, a Notary Public,do hereby certify that J. S. Kemper, III and F. C.McCullough personally known to me to be the. same persons whose names arcs respectively as Senior Vice President and Secretary of the American Motorists Insurance Company, a Corporation of the Slate of Illinois, subscribed to the foregoing;instrument,appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed,sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary act for the uses and purposes therein set forth.' My commission expires:August 12, 1991 Ruse K.Rayner,Notary Publi FM 036-S 7-0R IM PRINTED IN U.S.,4 Puwvr of AIIurM•y—lrtm f - CERTIFICATION I, Lee D. McClain, Secretary of the American Motorists Insurance Company,do hereby certify that the attached Power of Attorney elated October �,_1,9$.$ _rm behalf of_Wil I I am�_.._Shuppar—of Los �1n�eles� Calif ornia * ** * *_ *_*>F*** fir**�ratt is a Irua.Intl corrc*(•I copy earl Ihat Iha cams has hsan in fu ll farce and a(ft-ct sine t-the(late Ihsreuf and iti in full force and effect on Iha Bala of Ilik c arlificalt-; and 1 do furlhrr cattily dial Ilia--aid I. S. Kantpat, III and 1. C:. McCullough who a ec-til (I the Power of Atlocnay.t%Sanio t Vtct- Viv%idanl and lt-crvia.ry taspat Iivaly watt-on Iht-daft-of lhv vxac cttion of Iha.atlached Power of Allorney ! the cluly elec•led Senior Vict-I'rt-sidani and Sectviary itf Iha Amuvican Motorist♦Imsuranct-Company. IN TESTIMONY W1 II:KEnf, �imva hamunto suhscrihscl my name and affixed Ilia corporals seal of Ilia American Motorists Insur- ance Company on this 24t day of January , 19�8 Lee D.McClain,Secretary This lower of Allornt-y limits the acts of those. namscl Ihersin to the bonds and Undertakings specifically named therein,and they have no authorily to hind the Company except in Iha manner and to the extent herein stated. I i I i I I i I ! I .,CAN MOTORISTS INSURANCE COMPANY '"'I naTi nai. Office- Long Grove, 1L 60049 1 Pic _1WER OF ATTORNEY comPante: Anow Ali Men By These Presents: +� That the American Motorists Insurance Company, a corporation organized and existing under the laws of the State of Illinois,and having its principal office in Long Grove, Illinois,clues hereby appoint • •.....• William J. Shupper of Los Angeles, California its true and lawful agent(s)and attorneys)-in-fact,to make,execute,seal,and deliver during the period beginning with the date of issuance of this power and ending; December 31, 1990, unless sooner revoked for and on its behalf as surely, and as its act ane deed- Any and all bonds and undertakings.*****W EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the Imyrueni or collection of any prumk.%ory note,Check,draft or letter of credit. This authority dues not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the American Motorists Insurance Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said American Motorists Insurance Company as fully and amply io all intents and purposes,as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1990. This Power of Attorney is executed by authority of a resolution adopted by the Executive Committee of the Board of Directors of said American Motorists Insurance Company on February 23, 1988 at Long Grove, Illinois, a true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary,or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact,and to authorize them to execute on behalf of the Company,and attach the seal of the Company thereto,bunds and undertakings,recognizances,contracts of indemnity and other writings, obligatory in the nature thereof,and any such officers of the Cuntpany may appoint agents for acceptance of process:' This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Board of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: "VOTED,That the signature of the Chairman of the Board,the President,any Vice President,or their appointees designated in writing and filed with the Secretary,and the signature of the Secretary,the seal of the Company and certifications by the Secretary,may be affixed by facsimile on any power of attorney or bund eM•cutt•d pursu;tnt to resolution adoptc•cf by the Executive Committee of the Board of Directors on February 23, 19811 and any such Iwwer,u VWCU ed,Seated.ond certified with respect to any bund or undertaking to which it is attached,shall continue to be valid and binding upun the Cuntpany." In Testimony Whereof, the American Motorists h �unnce Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers, this_� h day of_-Qztober , 19 Lid—. Attested and Certified: AMERICAN MOTORISTS INSURANCE COMPANY B F.C.McCullough,Secretary J.S.Kemper, III,Senior Vice President STATE OF ILLINOIS ss COUNTY OF LAKE I, Rose K. Rayner, a Notary Public,do hereby certify that).S. Kemper, III and F.C.McCullough personally known to me to be the same persons whose names arc-respectively as Senior Vice President and Secretary of the American Motorists Insurance Company, a Corporation of the State of Illinois,subscribed to the foregoing instrument,appeared before me this clay in person and severally acknowledged that they being thereunto duly authorized signed,sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary act for the uses and purposes therein set forth. My commission expires:August 12, 1991 Ruse K.Rayner,Notary Public FM 036-S 7-88 IM PRINTED IN U.S.A. P(mef of Attom.•y—lent CERTIFICATION I, Lee D.McClain,Secretary of the American Motorists Insurance Company,do hereby certify that the attached Power of Attorney dated October-17�,-*LS8 _on behalf of_WJ.1 I am-J- Shupper—op Los_An• ele--s,—California � ->t�r *>f ...C..- -- � .-- - --- --- -- - -• --- -. _ jt�lt�t•� is a true.Intl correct copy and that the saint,has liven in full force and effect since the date thereof and is in fu*ll force and effect on the dale tcf Ihi%c vrtitic-ale; and I dot further cerlity 111.11 the%aid 1. S. Klimpl-t, III and I. C. McCullnul;h who exc•cutt,d the flower of � AIIotlnvy a%lenim Vice I're%idi•nl and tiesrotary iv%pvt lively wele un flu-d,Ht•of the exec ulion crf fliv altar hoot Pow(.r o►f Attorney the duly elected Senior Vic(.President and Secretary(if the Artimic•an Mutorisk Insttrartca C'omp.my. IN TESTIMONY WI IER )I' have hereunto subscribed my name and affixed the eorporale st-al of the American Motorists Insur- ance Company on this 4 - day of January , 19 89 Lve D.McClain,Secretary Thi:I'nwer of Attorney limits the acts of those named Ih(.rein to the bonds and undertakings specifically named therein,and they have no authority.to hind the Contlmny except in the manner and to the extant herein stated. i i I i I i 1 I i I I Cbuncii/AgencylVleeting-Held: Deferred/Continued to: Approved ❑ Conditionally Approved Cl Denied City Clerk's Si ature Council Meeting Date: September 3, 1996 Department ID Number: PW96-049 CITY OF HUNTINGTON BEACH REQUEST FOR ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Administr or G� PREPARED BY: LES M. JONES 11, Director of Public Works do SUBJECT: / RELEASE OF SECURITIES -- CITY ACCEPTANCE OF TRACT NO. 13478 Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachments) Statement of Issue: Haseko Townhomes, Inc. has completed all required public improvements for Tract No. 13478 and is requesting a release pursuant to the provisions of the Subdivision Map Act. Funding Source: Not applicable Recommended Action: 1. Accept the improvements constructed and dedicated for public use with Tract No. 13478; and, 2. Release bond Nos. 3SM 71690100, 3SM 71690100 and 3SM 71690200, the security furnished for faithful performance, labor and material and monuments respectively; and 3. Accept Maintenance Bond No. 423171 S; the security furnished for guarantee and warranty of improvements, and instruct the City Clerk to file the bond with the City Treasurer; and, 4. Instruct the City Clerk to notify the developer, Haseko Townhomes, Inc. of this action, and the City Treasurer to notify the bonding company of this action. Alternative Action(s): nrfinn .ftE E f ii iyL;A.ESupIG,itb.e:. Analysis: On March 20, 1989, the City Council approved Final Map No. 13478, 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, cross gutters, wheelchair ramps, street lights, sewer, storm drain 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 Maintenance Bond No. 423171 S as security. Fol!owing is a list of project data: Subdivider: Haseko Townhomes, Inc., 18101 Von Karman Ave., Ste. 100, Irvine, Ca. 92715 Engineer: Walden & Assoc., 18012 Cowan, Ste. 210, Irvine, Ca. 92714 Title Co.: First American Title Co., 114 E. 5th St., Santa Ana, Ca. 92702 Location: Southwest corner of Walnut Ave. & 2nd St. Lots: 1 Acreage: 2.556 Zone: Downtown Specific Plan-District No. 3 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). Attachment(sPage )• City Clerws Number Location Map 2 Maintenance Bond No. 423171 S (on File) LMJ:BPC �4r, 41. '3 c TR 13478 Q� J��Q COq `zl�p O P . O U �J NOT TO SCALE ATTACHMENT NO. 1 LOCATION MAP CITY OF HUNTINGTON BEACH , REQUEST FOR CITY COUNCIL ACTION Date March 20, 1989 Submitted to: Honorable Mayor and City Council Submitted by: Paul Cook, City Administrator Prepared by: Michael Adams , Director, Community Developme t Subject: FINAL TRACT MAP 13478, BEING A PORTION/ALL OF TENeJATIVE:--"'':<-, TRACT NO. 13478, AND BONDS AND AGREEMENTS FOR TRACT` ';n 13478 APPROVED' BY CITY. CO' / AIL Consistent with Council Policy? [)Cj Yes [ ] New Policy or Exceptioi i Statement of Issue, Recommendation, Analysis, Funding Source, Alternative STATEMENT OF ISSUE• The final map of Tract No . 13478 being a portion/all of Tentative Tract No. 13478, located on the inland side of Pacific Coast Highway between Second and Third Street, has been submitted to the City Council for approval . Tentative Tract No. 13478 will expire on April 15, 1990. 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. " e. The Declaration of Covenants, Conditions and Restrictions shall be reviewed and approved by the Department of Community Development and approved as to form by the City Attorney prior to recordation of the final map. f . The Park and Recreation fees shall be paid or a surety posted in an amount equal to the in-lieu fees and approved as to form by the City Attorney prior to recordation of the final map. 5 . It is also recommended that the City Council accept the following bonds and instruct the City Clerk to file them with the City Treasurer. It is further recommended that the City Council accept the subdivision agreements and instruct the City Clerk to file one copy and return the second to the subdivider. a . Faithful Performance Bond No. 3SM 71714500 b. Labor and Material Bond No . 3SM 71714500 C. Monument Bond No. 3SM 71710000 ANALYSIS: SUBDIVIDER: California Resorts/City of Huntington Beach Redevelopment Agency ENGINEER: Walden & Associates David L. Walden, R.C.E. 19402 LOCATION: Inland side of Pacific Coast Highway between Second and Third Streets ACREAGE: 2 . 556 acres gross LOTS: 1 NO. OF UNITS : 130 ZONE: Downtown Specific Plan, District 3 GENERAL PLAN: Mixed Development 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 - FINAL TRACT 13478 -2 (2191d) ENVIRONMENTAL STATUS: The project is covered by Environmental Impact Report No . 82-2 pursuant to Section 15182 of the California Environmental Quality Act . FUNDING SOURCE: I Not applicable. ATTACHMENTS: 1 . Area map 2 . Subdivision Agreement 3 . Monument Bond 4 . Faithful Performance Bond 5 . Labor and Material Bond MA:TR: jr I RCA - FINAL TRACT 13478 -3- (2191d) 1— Va4 v GENEVA t>y r Z AVE. =1 �4 ^^ t=- -J P �i rt'i y \•. �A _ •' „V -FRANKFORT ram- \ e sT 1 OLDTMNECIFI tL (DISTRI I101 1 cIYIR�A f s 01 ° ,t 4r,�r '�`/ ��'t •PECAN u nnS 1 31, cn cr M H—FP2 f \r I `7 cn 1rDETROIT y NiCAGO O��AVE u Q +.� •� �� C J #� R2-PD-C2-FP2 �n m O or D Sa Q 'L_JLJ'L�''lc.� js: q •LT BAITIUORC Avc NN• U. C�_� �.'•R?FA2�'8 C"itis Q7 U V bi 3 °rS FC•• 'yT N N :f._:.1l......,,�. .lily Tgrir, °i q, i fP � 4: �,,Pz�D•a-fPx Ili ni-Po-cz=ivx •._:J .}• , °O *r0�� \� arc ';."4 I• -� ATLANTA i + . ..._. •,--. r 'sr4�iO•' '1'T 9 C ,rbL ~� 6~p,�,�A..p "L=.J � _ ;'SIt!x4>1'::. �S R2-PD-CZ-FP2 a` RZ PD-CZ-FPZ ST9 Frio ,p� : . DO TOWN S EQFIC PICA Y"•0mg-.0. s (;�¢' �c i cF ,� .o aliR °"ErZ�-:::;p•, > / T*"o pC99y IC 805 �1r i a van RZ-PD-Cz*n m 01 le yR2-pD-CZ.fP2r: RZ-PD-CZ=FPZ C\ �9�iir '''• 00� °/ST SOFCr�`D b� ``�1� t''�!ha•:...:VI MOM .' u�, R2 PD FP2 R2-PO CZ-FP2' 0 4•;.. MH-CZ-FP2• ' //'So�o,C �'T FCys 'R2-Ptl-CZ-FP2"••°aka -0 DOWNTOWN SPECIFIC PLAN-o o00 \ 401 DIST N 8b-FP2 • FUT FT 134 7 8 J1 HUNTINGTON SEACH HUNTINGTON BEACH PLANNING DIVISION Executed i n Four (4 Counterparts BOND NUMB 3 S M 717 145 00 PRIMTIIM included in F P Bond . UWR AND MATERIAL BOND WHEREAS, the City Council of the City of Huntington Beach, State of California, and California Resorts/Haseko Associates (hereinafter designated as "Principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated _ k'ebruary 10 19 89 , and identified as project T r a c t N o . 1 3 4 7 8 is hereby referred to and made a part hereof; and MIEREAS, 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 ismade in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of Civil Code of the State of California. Now, therefore, said principal and the undersigned as corporate surety, are held firmly bound unto the City of Huntington Beach and all con- tractors, subcontractors, laborers, materialmen and other persons employed in the performance of the aforesaid agrecinent and referred to in the aforesaid ghyCode of Civil Proceedure in the sum of E i Hunn d t reed h o T u ives a n d Two- -- dollars d F - - -- ( $80 , 250 . 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 wid fees, including reasonable attorney's fees, incurred by "City" in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all Prrsnns� comn�lnie� and corporations entitled to file claims under Title 15 (conunencinb with Section 3082) of Part 4 of Division 3 of Labor and'Material Bon Page 2 • the Civil Code, so as to give a right of action to them or their assigns in ATTORNEY-IN-FACT State of California ss: County of Los Angeles n February 2 ,;19 8 9 , before me, a Notary Public, personally appeared 1t. William J . S'hupper personally known to me(or proved to me on the basis of tisfactory evidence) to be'the person who executed this instrument as Attorney-in-Fact of American Motorists Insurance Company , the corporation therein named and acknowledged to me that the corporation executed it. &ubfi� TNREOF,I have hereunto set my hand and affixed =..•••••... .•.•...•..•.......... ;......... ""'•"' ay and year stated in certificate above. OFFICIAL SEAL PATRICIA A. DOLAN NOTARY PUBLIC•CALIFORNIA LOS ANGELES COUNTY d1c = My commission Expires Feb.8,1991 �,.. .... ..........u.•..........•............................... ...........: This area for Offica/Nolar/a/Seal principal and surety above named, on February 2 n d 19 8 9 California Resorts/Haseko Associates as Principal I STATE OF CALIFORNIA LOS ANGELES / COUNTY OF... ----•------------ ----------I � February 9, 1989_ before me,the undersigned,a Notary Public in and for On— -- .._. -- --- �v said State,personally appeared KAZUYUKI Q —_—_— _ per known to me(or proved to me on the basis _ m � c CL of satisfactory evidence)to be the persons who executed the within instrument as--_---—-- . _____— ___President and ---Secretary,on behalf of--HASEKO__PIER.-COLONY,- INC. STATE OF CALIFORNIA ) SS COUNTY OF LOS ANGELES) On March 3, 1989, before me the undersigned, a Notary Public in and for said State, personally appeared Soichiro Kawase known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the President on behalf of HASEKO PIER COLONY, INC. , the corporation that executed the within instrument as one of the partners of CALIFORNIA RESORTS/HASEKO ASSOCIATES, the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same WITNESS my hand and official seal. td-4 F OFFICIAL SEAL (��J VALARIE BROCKMAN Valarie Brockman Notary Publle-Callfomla LOS ANGELES COUNT MY Comm.Exp.Sep.8,if�e8 -� Executed i n Four (4 Counterparts BON l) NO. 3SM 717 145 00 Nith.M1 $3 , 210 . 00 FAITHFUL 1'1.;1ti'ORMANCE BOND WHEREAS, the City Council of the City of Huntington Beach, State of California, and California Resorts/Haseko Associates , (hereinafter designated as "Principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated February 10, 19 89 and identified as project Tract No , ) 3478 is hereby referred to and made a part hereof; and WHERI.-.AS, said principal is required under the terms of said agree- ment to furnish a bond for the faithful performance of said agreement. Now, therefore, we the principal andAmeri can Motorists Insurance ,Compa. as surety, are held and firmly bound unto the City of Huntington Beach hereinafter called "City", in the penal sum of One Hundred Sixty Thousand Five Hundred - --- ----- -----^- - --- dollars ( $ 160 . 500 , 00 ) lawful money of the UniLvd States. fur the payrru!nt of which sum well and truly to be made, we bind uurselves, our hears, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bonded principal, his or its heirs, executors, administrators, successors or as.-signs, shall in all things stand to and abide by, and well and tr1ily 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 bec:orne null and void; otherwise it shall bet and remain in full force and effect. r • •�Faithiul Performance Bond Page 2 As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees incurred by "City" in successfully enforcing such obligation, all to be _taxed as costs and included in any judgment rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in ATTORNEY-IN-FACT State of California ss: County of Los Angeles n February 2 , l 9 8 9 , before me, a Notary Public, personally appeared I lam J . Shupper personally known to me(or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument as Attorney-in-Fact of American Motorists Insurance Company , the corporation therein named and acknowledged to me that the corporation executed it. IN WITNESS WHEREOF,I have hereunto set my hand and affixed """""""""""""""""""""FICI................................. ' @PATRICIA � OFFICIAL SEAL my official rehe day and year stated in this certificate above. A. DOLANNOTARY PUBLIC-CALIFORNIALOS ANGELES COUNTY Mtycommission Expires Feb.8,1991 i.w..................... ..u....,..,...........................I................u.n Notary Public This area for Offrcal Notarial Seal STATE OF CALIFORNIA ) SS COUNTY OF LOS ANGELES) On March 3, 1989, before me the undersigned, a Notary Public in and for said State, personally appeared Soichiro Kawase known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the President on behalf of HASEKO PIER COLONY, INC. , the corporation that executed the within instrument as one of the partners of CALIFORNIA RESORTS/HASEKO ASSOCIATES, the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same WITNESS my hand and official seal. OFFICIAL SEAL ""/ 2��✓ VALARIE BROCKMAN ralarie Brockman Notary Public-CWHomla �® LOS ANGELES 000NTY L My Comm.Exp.Sep.8,IM a , • AMERICAN MOTORISTS INSURANCE COMPANY narlranat Home Office: Long Grove, IL 60049 1 Pic companies POWER OF ATTORNEY Know All Men By These Presents: That the Anuric an Motorists Inurr.ulce Cunlpany a corpnrolion urg.trliiecl and existing under the laws of Ihe•Slate of Illinois,and having it% wirl('ill.11t,lllcv ill Iong Grove, Illlno i%,dot•%lit'reby.11111oini ' ' . • •0•• • •••,• • • a • , , , . • •�•�•••••••••••••�� • William J. Shupper of Los Angeles, California **************************** its true and lawful agents)and attorneys)-in-fact,to make,execute,seal,anti deliver during the period beginning with the date of issuance of this power and ending I)(-cember 11, 191)0;unless sooner revoked for and on its behalf as surety, and as its act and tided: Any and all bonds and undertakings.**-****-*************************** EXCEPTION: NO AUTI 10RHY is granted In male, exc t ule, %t•.11 and deliver any bond or undt-rl.lking which guarantees the payment or collection cif any promissory now,diet k,draft or letter of clt•tlil. This authority does not permit tht•..Inx•obligation to be splil into two or more hontls in ordt-r to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked ai any time by the American Motorists Insurance Company. The execution of such bonds and undertakings in pursuance of lieu•presents shall he as binding upon the said American Motorists Insurance Company as fully and amply to all intents and purposes,as if the S.Ime 11XI been duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1990. P Power of Attorney is executed by authority of a resolution adopted by the Executive Committee of the Board of Directors of American Motorists Insurance Company on February 23, 19118 al Long Grove, Illinois, a true and accurate copy of which is inafter set forth and is hereby certified to by the undersigned Secrelary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, orally Vice President, or their appointees designated in writing and filed with the Secretary,or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact,and to authorize[hem to execute on behalf of the Company,and attach the seal of the Company thereto,bond+and undertaking.,rec•ognizance%.contracts of indemnity and other writings, obligatory in the nature Ihen ul,and any sot h officer%of the Company nlay appoint agt•n1s for acceptance ul process:' This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Board of Directors of the Company at a meeting duly called and held on the 23rd day of February, - 1988: "VOTED,That the signature of the Chairman of the Board,the President,any Vice President,or their appointees designated in writing and filed with the Secretary,and the signature of the Secretary,the seal of the Company and certifications by the Secretary,may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by I n•Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed,.valet)and certified with respect to any bond or undertaking to which it is attached,shall continue to tie valid and binding upon the Company." In Testimony Whereof,the American Moiorists''Ir�.s,orance Company has caused this instrument t e signed and its corporate seal to be affixed by its authorized officers, this�Lth_clay of—�?-C-tQber ,Attessted and Certified: AMERICAN MOTORISTS INSURANCE COMPANY Exec'u'tdd in Four (4) Cognterparts MONUMENT BOND Bond 3SM 717 1100 00 Premium $ 1 50 •00 KNOW ALL MEN BY THESE PRESENTS: That California Resorts/Haseko Associates as subdivider of Tract No. 13478 in the City of Huntington;Beach, County of Orange, State of California, has submitted to said City a Final Map of said tract containing an engineer's or surveyor's certificate stating that all final monuments will be set in the positions indicated on or before the date specified in said certifi- cate: That said Ca 1 i forn i s Resort s/Haseko Assoc i ates (Subdivider) as principal, and American Motorists Insurance Company as surety, hereby guarantee to the City of Huntington Beach the payment of the cost of setting all such monuments within or in connection with said tract, as are not already set prior to the recording of said Final Map, in accordance with said map and said rtificate up to but not in excel s of the sum of $ 7, 5 0 0 . 0 0 which sum we are held and firmly bound to the City of Huntington Beach, all in cordance with and subject to the terms, conditions and provisions of Article 9, pter 4 of the Government Code of the State of California. IN WITNESS WHEREOF, we have executed this instrument this 2 n d of February 8g 19 Californi a orts/Ha(eko Associates as Prineipa By: as Partner of a Partnership) ST$WART TITLE /' r CALIFORNIA ORANGE- SS. FSanrtiry a/Contrart day of FEBRUARY in the year 19$9 .before me, trety WOODS a Notary Public in and for said county and state, personally appeared personally known to me Lo�Rrq�cLI to me on the UBLINER basis of satisfactory evidence) President and (a t(T rsoI (or proved to me on the basis of satisfactory evidence)to be the Secretary of CALIF. RESO��S IN�''L INC. that executed the within instrument and personally known to me(or proved to me on the basis of satisfactory ev- h sons who executed the within instrument on behalf of said corporation,said corporation being personally lt:bpc"one of the partners of CALIFORNIA RESORTS/HASEKO ASSOCIATES p that executed the within instrument,and acknowledged to me that such corporation executed the same as such tat such partnership executed the same. OFFICIAL SEAL •r.: �.,ruf DANAWOOOS Y ha cial seal. • •.,, ..,+i y. � m .' NOTARY pU6LIC-CALIFORNIA •i 'i^y:'.11•t _, `^`I � O{tMCOl1NTY MY C"ISSION EXP.NOV.t6, M DANA WOODS Name(Typed or Printed) 13 (This area rnr official notarial..cal) atl I Am ns erican Motorists Iurance Company, a corperration orgmii,,cd and existing under the laws o, �;i aving;its princip,►loIliee-isI Long Grove, IIIin)k,(ll)1'tiht•reby ippoinI asaaaaasaaaasaeaaaaaaaaaaasataa�sr William J. Shupper of Los Angeles, California ** * * * * its true and lawful ag;ent(s)and attorney(s)-in-fact, to make,execute,seal,and deliver during;the period beginning;with the date of issuance of this power and ending; Dvc vni1wr 11, 191)0, unless scumer revoked firr and mi its hehalf as surety, and as its act and deed: Any and all bonds and undertakings. *** * * ** i EXCEPTION: NO AUTt iORITY is granted to make, cxecule, seal and deliver any bond or undertaking; which guarantees the payment or collection of any promissory note,check,draft or It-tier of credit. This authority dues not permit the same ohlig;aiion to hr split into two or more hands in order to bring;each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the American Motorists Insurance Company. The execution of such bond~and undertakings in purstiance of these presents shall he as hinding upon the said American Motorists Insurance Company as fully and amply to all intent.and purpose~,as if the>ame had been duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1990. This Power of Attorney is executed by authority of a resolution adopted by the Executive Committee of the Board of Directors of . . said American Motorists insurance Company on February 23, 19118 at Long;Grove, Illinois, a true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary as hexing;in full force and effect: "VOTED, That the Chairman of the Board, the President,or any Vice President, or their appointees designated in writing;and filed with the Secretary,or the Secretary shall have the power and authority to appoint agenh and attorneys-indact,and to authorize them to execute on behalf of the Company,and attach the seal of the Company thereto,bonds and undertakings,recog;nizances,contract~of indemnity and other writings, obligatory in the nature thereof,and any such officers of the Company may appoint agents(or acceptance of process:' • This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following;resolution adopted by the Executive Committee of the Board of Directors of the Company at a meeting;duly called and held on the 23rd day of February, 1988: i "VOTED,That the signature of the Chairman of the Board,the President,any Vice President,or their appointees designated in writing and filed with the Secretary,and the signature of the Secretary,the seal of the Companyy and certifications by the Secretary,may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by flit-Executive Committee of the Board of Directors on February 23, 19118 and any such power so executed,sealed and certified with respect to any bond or undertaking;to which it is atwched,shall continue to be valid and binding;upon the Company" In Testimony Whereof,the American Motorists'ln]tjranceConipany has caused this instrument I e signed and its corporate seal . to be affixed by its authorized officers, this 1(tr�l—day of�Zt-Q�-er , 19 _�} . r Attested and Certified: AMERICAN MOTORISTS INSURANCE COMPANY - •s�.n�f 13yo v►� eti�iT F.C.McCullough,Secretary 1•S.Kemper,III,Senior Vice President IzTATE OF ILLINOIS 3S 4KE 1n hereby certify that 1. S. Kemper, III and F.C. McCullough personally known to me to be the `--ior Vice President and Secretary of the American Motorists insurance Company, instrument,appeared before me this day in parson and severally ...- '., --- ttcc�� 9.^ ?i --. k-[l ♦ ,x -f, F` 5 - T _.' k R -<`• [ v ! -'y l - h . � ,'_r - a ari•" .,.'i_'1�, tnw�lw n ,,,.:'M. .,.,�:,�....�.`za_�:»a -..xs_9-'---�.Gv_r.. r�.r.-.- 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK December 23, 1996 Mr. Richard Adair Surety Insurance Company. 7447 North Figueroa Street Los Angeles, California 90041 RE: Your letter dated December 13, 1996 regarding Tract Nos. 13478 & 13722 (attached). Enclosed are the staff reports and the Official Minutes of the September 3, 1996 Council meeting regarding the bonds on the above mentioned tracts. The staff report and minutes reflect identical bond numbers on each tract. To determine a manner in which to correct this problem it will be necessary for the Public Works Director (536-5431) and the City Attorney's Office (536-5555) to determine a solution. The Public Works Department and the City Attorney's Office have copies of the material which they can refer to when they assist you. Sincerely, Connie Brockway City Clerk CC: City Attorney, Gail Hutton Public Works Director, Les Jones City Treasurer, Shari Friedenrich Enclosures: September 3, 1996 Minutes Staff Reports (Telephone: 714-536-5227) 12i13i96 13" ' $ 213 256 7392 SURETY INS SCVS IGALIFOR.1•JiAI il11C, _..-WS HASLmv--wwOul Gl.y bd6 5751 CITY OF HUNTINGTON BEACH 2000 MAIN STRUT CALIFORNIA 93648 OFFICE-OF THE CrtY CLARK. CONN3 IROCKWAY CITY CLERK September 13, 1090 C4110mlb ResorWHasaka Associates 18101 Von Karmaln Avenue, Ste, 100 Irvine, CA 92718 , Regarding: Tract-Map No. 13722,'Plarslde Pavilion This lei to notIfY You that the Clty.Coundl took action on September 3, 1996 to accept the Improvements constructed and dedicated for publla use with Tract No. 13722, Ple*de Pavilion; and to release Bond Nos. 38M 7189o10o, 3SM 71690100, and - iSM 71690200, the security furnished for fabful performance, labor and material aired r,onument4 relpee6vely; and to accept Maintenance Bond No. 423172S; the security furnished for guarantee and warranty of Improvements, Hncloaad Id a copy of the Maintenance bond approved as to form by the City Attorney, . • �Sincerely, • 000 Connl.e Brockway, CMC Qtty.Clark • CS;oa Enclosure •,p,�lalfnwup�tr•+►atmtD 1330 NO1aNI1NnH 1L�13iy� 13: 1y 213 256 7892 SURETY INS SCVS 11� 02 i'01 13 90 5:42 Hi`,* (CAL i FCRN i A) 1 NC, ' vr.. ry .iu a V•J d E S�&V_uuirir c;.3 04b b/b5 P.7/11 CITY OF HUNTINGTON BEACH 200 MAIN STREET CAI;I FOR NIA 92.848 OFFICE OF THE CITY CLIERK COMA BRWKWAY CrrY CLERK September 13, 190 HAIGko Townhomas, Incorporated � S 35 M .1 18101.von Karmen Avenue, Ste; 100 Irvine, CA 92718 Ragarding: Tract Map No. 13478 s/b. 3�M -yt 7- lac •pc This It to notify you that the Cl ty ouncll took on on 3 ptember 3, 1986 to accept the Improvements con d-adl or public u No, 13478, and ralesaaj Bond Not $M.7186010 M 716001 nd 8M 7160 the security ,furnished and faaithfu pa ormalnce, labor an material and monuments raspectivaly; and to •ceept Maintenance Bond No. 423171$; the security furnished for guarantee .,and warranty of Improvements, Ertclo"d Is a copy of the Maintenance Bond approved as to form by the City Attorney, .31noerely, �onnl• Brockway, CMC 'City Clark C9:oc Enclosure ' 'Q.YeJlovnipllrwtm�p 96� Nd 80 E 1 330 'jI1V? 'HJ�: I� NOiDHIiMI1H jC AUC ' V kf 31,7 ,t 11:) 03AiMN W 12/13/96 13� $ 213 256 7392 SUR Y INS SCVS E3'i SURETY INSURANCE SERVICES CO. 7447 NORTH FIGUEROA STREET LOS ANGELES, CALIFORNIA 90041 (213)258-7-100 FAX; (213)256-7892 a"z _ :. ; f"J FAX TRANSMITTAL 714-374-1557 Date 12/1 96 s To: Connie Brockway, CMC, City Clerk Company: City of Huntington Beach Location: Huntington Beach, CA From: Richard Adair Re: Haseko Townhomes, Inc. Tract No. 13478 & 13722 The City issued a letter releasing the Performance and Payment Bonds on the captioned tracts in exchange for two Maintenance Bonds. Both letters have the correct Tract number and Maintenance Bond numbers. However, both letters show the same Performance Bond numbers. I have attached the two letters and have shown the correct Performance Bond numbers for Tract 13478. The Surety has asked that we get confirmation of the correct bond numbers for Tract 13478 or a corrected letter. Thank you for your assistance. cc: Haseko Townhomes, Inc,, Attention Yasuyuki Kojima Number of Pages (including this page): 3 (City Council) Resolution No. 96-81 -Adopted -The City Of Huntington Beach Emergency Management Plan (510.20) -Adopted Resolution No. 96-81 - "A Resolution Of The City Council Of The City Of Huntington Beach Adopting The City Of Huntington Beach Emergency Management Plan And Approving Submittal Of The Huntington Beach Emergency Plan To The State Of California Office Of Emergency Services By September 30, 1996." (City Council) Resolution No. 96-82 -Adopted - Layoff Procedure For Municipal Employees Association - Side Letter (720.20) -Adopted Resolution No. 96-82 - "A Resolution Of The City Council Of The City Of Huntington Beach Approving And Implementing A Side Letter Of Agreement With The Huntington Beach Municipal Employees Association." (City Council) Substitution Of Bonds - Tract No. 14662 - PLC Land Company Purchased_ From Huntington Beach Company -West Of Huntington Street - North Of Main Street - Approved (420.60) - 1. Released Huntington Beach Company Bond Nos. 11141536091, 11141536091, and 11141536083, the securities furnished for faithful performance, labor and materials; 2. accepted PLC Land Company Bond Nos. 3SM 886 088 00, 3SM 886 088 00 and 3SM 886 085 00, the securities furnished for faithful performance, labor and material and monuments respectively, and instructed the City Clerk to file the bonds with the City Treasurer; and 3. instructed the City Clerk to notify the previous developer, Huntington Beach.Company, of this action, and the City Treasurer to notify the bonding company of this action. (City Council) Release Of Securities - City Acceptance Of Tract No. 13478 - Haseko Townhomes, Inc., Southwest Corner Walnut Avenue And Second Street -Approved (420.60) 1. Accepted the improvements constructed and dedicated for public use within Tract No. 13478; 2. Released Bond Nos. 3SM 71690100 and, 3SM 71690100 and 3SM 71690200, the security furnished for faithful performance, labor and material and monuments respectively; and 3. Accepted Maintenance Bond No. 423171S, 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, Haseko Townhomes, Inc., of this action and the City Treasurer to notify the bonding company of this action. (City Council) Release Of Securities - City Acceptance Of Tract No. 13722 California Resorts And Haseko Associates (Pierside Pavilion) Northeast Corner Pacific Coast Highway And Main Street -Approved (420.60) 1. Accepted the.improvements constructed and dedicated for public use within Tract No. 13722 (Pierside Pavilion); and, 2. Released Bond Nos. 3SM 71690100, and 3SM 71690100, and 3SM 71690200, the security furnished for faithful performance, labor and material and monuments respectively; 3. Accepted Maintenance Bond No. 423172S, the security furnished for guarantee and warranty improvements; and instructed the City Clerk to file the bond with the City Treasurer; and 4. Instructed the City Clerk to notify the developer, California Resorts/Haseko Associates of this action and the City Treasurer to notify the bonding company of this action. Gduncil/Hgenty Meeting-Held• =:1 Deferred/Continued to: Approved ❑ Conditionally Approved ❑ Denied City Clerk's Si ature Council Meeting Date: September 3, 1996 Department ID Number: PW96-049 CITY OF HUNTINGTON BEACH REQUEST FOR ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Administr or (� PREPARED BY: LES M. JONES II, Director of Public Works oar_ SUBJECT: / � RELEASE OF SECURITIES -- CITY ACCEPTANCE OF TRACT NO. 13478 Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Haseko Townhomes, Inc. has completed all required public improvements for Tract No. 13478 and is requesting a release pursuant to the provisions of the Subdivision Map Act. Funding Source: Not applicable Recommended Action: 1. Accept the improvements constructed and dedicated for public use with Tract No. 13478; and, 2. Release bond Nos. 3SM 71690100, 3SM 71690100 and 3SM 71690200, the security furnished for faithful performance, labor and material and monuments respectively; and 3. Accept Maintenance Bond No. 423171 S; the security furnished for guarantee and warranty of improvements, and instruct the City Clerk to file the bond with the City Treasurer; and, 4. Instruct the City Clerk to notify the developer, Haseko Townhomes, Inc. of this action, and the City Treasurer to notify the bonding company of this action. Alternative Actionsl: Deny the recommended action. rt.4�'"�J• {{ v tvys-.r„� 'i. OPT r x t r Y *r *r. • REQUEST FOR ACTION • MEETING DATE: September 3, 1996 DEPARTMENT ID NUMBER: PW96-049 Analysis: On March20, 1989, the City Council approved Final Map No. 13478, 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, cross gutters, wheelchair ramps, street lights, sewer, storm drain 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 Maintenance Bond No. 423171 S as security. Following is a list of project data: Subdivider: Haseko Townhomes, Inc., 18101 Von Karman Ave., Ste. 100, Irvine, Ca. 92715 Engineer: Walden & Assoc., 18012 Cowan, Ste. 210, Irvine, Ca. 92714 Title Co.: First American Title Co., 114 E. 5th St., Santa Ana, Ca. 92702 Location: Southwest corner of Walnut Ave. & 2nd St. Lots: 1 Acreage: 2.556 Zone: Downtown Specific Plan-District No. 3 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). Attachment(s)• City Clerk's Page Number 1 Location Map . . 2 Maintenance Bond No. 423171 S (On File) LMJ:BPC - \ 0020413.01 -2- 08/13/96 8:24 AM � v c T TR 13478 Q� ell O T � 2 O P O u � NOT TO SCALE ATTACHMENT NO. 1 LOCATION MAP �J• �If4 CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS G:\TR13478 y . ,fit • • ' �'f i.�l(-Ll-�. •-�� - ��• ra . A� �rA nt�1A ...�„�,dG._,. %• �:C.�<��?..tF�h.r�-E.:.f�, Pam,.-ti Council/Agency Meeting Held: Deferred/Continued to: pproved ❑ Conditionally Approved 0 Denied City Clerk's SigrjKure Council Meeting Date: September 3, 1996 Department ID Number: PW96-050 CITY OF HUNTINGTON BEACH REQUEST FOR ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Administra PREPARED BY: LES M. JONES II,,Director of Public Works SUBJECT: / RELEASE OF SECURITIES -- CITY ACCEPTANCE OF TRACT NO. 13722 (Pierside Pavilion) Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: California Resorts/Haseko Associates, the developer of Tract No. 13722 (Pierside Pavilion), has completed all required public improvements and is requesting a release pursuant to the provisions of the Subdivision Map Act. Funding Source: Not applicable Recommended Action: 1. Accept the improvements constructed and dedicated for public use with Tract No. 13722 (Pierside Pavilion); and, 2. Release bond Nos. 3SM 71690100, 3SM 71690100 and 3SM 71690200, the security furnished for faithful performance, labor and material and monuments respectively; and 3. Accept Maintenance Bond No. 423172S; the security furnished for guarantee and warranty of improvements, and instruct the City Clerk to file the bond with the City Treasurer; and, 0020415.01 -2- 08/26/96 7:46 AM wv,..,...... ...: ....,..._._.. ..-....:.......'.6:Ii�:S., .• ._, .e rn_.'C:. -:il J-fir_I.�- r w'.i.',��riu., ,- r e'Y.e,� .. .r-. .. 4. Instruct the City Clerk to notify the developer, California Resorts/Haseko Associates of this action, and the City Treasurer to notify the bonding company of this action. Alternative Action(s): Deny the recommended action. Analysis: On March 20, 1989, the City Council approved Final Map No. 13722 (Pierside Pavilion), 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, cross gutters, wheelchair ramps, street lights, sewer, storm drain 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 Maintenance Bond No. 423172S as security. Following is a list of project data: Subdivider: California Resorts/Haseko Associates 18101 Von Karman Ave., Ste. 100, Irvine, Ca. 92715 Engineer: Walden & Assoc., 18012 Cowan, Ste. 210, Irvine, Ca. 92714 Title Co.: First American Title Co., 114 E. 5th St., Santa Ana, Ca. 92702 Lc-:ation: Northeast corner of Pacific Coast Hwy. & Main St. Lots: 1 Acreage: 2.119 Zone: Downtown Specific Plan-District No. 3 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). 0020415.01 -3- 08/14/96 7:47 AM Attachment(s): City Clerk's Page Number 1 Location map 2 Maintenance Bond No. 423172S (On File ) LMJ:BPC 0020415.01 -4- 08/14/96 7:47 AM V TR 13722 - 9cr�r ��- c T Qti s � O 2 O �P . O u �J NOT TO SCALE ATTACHMENT NO. 1 LOCATION MAP Oil CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS G: \?r"1t3722 Lj,oCITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK September 13, 1996 California Resorts/Haseko Associates 18101 Von Karman Avenue, Ste. 100 Irvine, CA 92715 Regarding: Tract Map No. 13722, Pierside Pavilion This is to notify you that the City Council took action on September 3, 1996 to accept the improvements constructed and dedicated for public use with Tract No. 13722, Pierside Pavilion; and to release Bond Nos. 3SM 71690100, 3SM 71690100, and 3SM 71690200, the security furnished for faithful performance, labor and material and monuments respectively; and to accept Maintenance Bond No. 423172S; the security furnished for guarantee and warranty of improvements. Enclosed is a copy of the Maintenance Bond approved as to form by the City Attorney. Sincerely, 1�� gw-"O/Z� Connie Brockway, CMC City Clerk CB:cc Enclosure gAfollowup\tractmap (Telephone:714-536-5227) I have received Monument Bond No. 423171 S for Tract No. 13478. I will release Bond Nos. 3SM 71690100, 3SM 71690100 and 3SM 71690200, the security furnished for faithful performance, labor and material and monuments respectively. RCA attached with Council action of 9/3/96 Dated: By: Haseko Townhomes, Incorporated 18101 Von Karman Avenue, Ste. 100 Irvine, CA 92715 } insc 1CO MAINTENANCE BOND BOND NO.: 423171S PREMIUM: $ 225.00 INCLUDED IN PEFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT we HASEKO TOWNHOMES, INC. , a California corporation , as.Principal, and DEVELOPERS INSURANCE COMPANY, a corporation organized and doing business and under and by virtue of the laws of the State of California and duly licensed to conduct surety business in the State of California,as Surety,are held and firmly bound unto CITY OF HUNTINGTON BEACH as Obligee,in the sum of SIXTEEN THOUSAND FIFTY AND N0/100 ($ 16,050.00 ) Dollars,for which payment,well and truly to be made,we bind ourselves,our heirs,executors and successors,jointly and severally firmly by these presents. THE CONDITION OF THE OBLIGATION IS SUCH THAT: WHEREAS,the above named Principal entered into an agreement or agreements with said Obligee to: TRACT 13478 WHEREAS, said agreement provided that Principal shall guarantee replacement and repair of improvements as described therein for a period of one year following final acceptance of said improvements; NOW,THEREFORE, if the above Principal shall indemnify the Obligee for all loss that Obligee may sustain by reason of any defective materials or workmanship which become apparent during the period of one year from and after acceptance of the said improvements by Obligee,then this obligation shall be void,otherwise to remain in full force and effect. IN WITNESS WHEREOF,the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said Surety is hereto affixed and attested by its duly authorized Attorney-in-Fact. this 22ND day of JULY , 19 96 DEVELOPERS INSURANCE COMPANY HASEKO TOWNHOMES, INC. , a California c ration Pfincipal BY: - i ginia ouman Attorney-in-Fact 17780 Fitch _. i Irvine,CA 92714 F0 r 7 5 3 (714)263-3300 t \ { - - - STATE OF CALIFORNIA SS. COUNTY OF ORANGE On July 22, 1996 ,before me, N AMYX PERSONALLY APPEARED Virginia M. Louman personally known to me (or proved to me on the basis of ' satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowl- edged to me that he/she/they executed the same in his/ her/their authorized capacity(ies), and that by his/her/ r N. AMYX their signature(s) on the instrument the person(s), or the COlAlt.i. 61070165 entity upon behalf of which the person(s) acted, executed g Nsw V Public-California the instrument. ; ORANGE COUNTY Mr Comm. Exp. .Aug.23, 1999 WITNESS my hand and official seal. Signature L > >> This area for Official Notarial Seal OPTIONAL Though•the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) DEVELOPERS INSURANCE COMPANY SIGNER(S)OTHER THAN NAMED ABOVE ID-081 Rev.6/94 ALL-PURPOSE ACKNOWLEDGEMENT CALIFORNIA ALL-PURPOSE—ACKNOWLEDGM ENT • No.s907 State Of California County Of Los Angeles On 24 July 1996 before me, Wayne R. Shimabukuro, Notary Public DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC" personally appeared Terry E. Tornek and Yasuyuki Kojima , NAME(S)OF SIGNER(S) ® personally known to me to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me thatAeAgv0hey executed the same in Jaifi4la�/their authorized capacity(ies), and that by Iatakl��/their WAYNER.SHIMABUKURO signature(s) on the instrument the person(s) , COMM.f 1017012 si t g (s) s p ( ) Ze-� NataryPublic—Callfomla _ or the entity upon behalf of which the LOS ANGELES COU" My Comm.Expires OCT 11.1997 persons) acted, executed the instrument. WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ® CORPORATE OFFICER MaintananrP Rnnd TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) Haseko Townhomes. Inc. SIGNER(S)OTHER THAN NAMED ABOVE 0103 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 �� F( �-Y_- _lam _ - .. __..._ _______ ._.__ _ .� ,,.,, _ _.• _. ___ - = _ _ _-. �aY�, _ �� ej ° 3 POWER OF ATTORNEY OF 19EMNITY COMPANY OF CALIFOR AND DEVELOPERS INSURANCE COMPANY N2 321148 P.O.BOX 19725,IRVINE,CA 92713•(714)263-3300 All power and authority herein granted shall in any event terminate on the 31 st day of March,1999. 2. This Power of Attorney void if altered or if an portion Y•is Y Po on is erased. _ yti<<`,: 3. This Power of Attorney is void unless the seal is readable,the text is in brown ink,the signatures are in blue ink and this notice is in red ink. 4. This Power of Attorney should not be returned to the Attorne s In-Fact,but should remain a permanent part of the obligee's records. �"Y r: vi�•"ti MEN BY THESE PRESENTS,that except as expressly limited,INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY,do each .severatljr,but not jointly,hereby make,constitute and appoint stL v'�hy r_' F NELL AMYX,JAMES E. MARY, VIRGINIA M. LOUMAN, SHELLEY E. SMITH-BOWMAN,J. •. LOUGHLIN,JOINTLY OR SEVERALLY Y '` the true and lawful Attomey(s)-In-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations as sureties,bonds,undertakings and contracts of suretyship In an amount not exceeding Two Million Five Hundred Thousand Dollars($2,500,000)in any single undertaking;giving and granting unto said Attomey(s)-In-Fact.full power and authority to do,and to perform every act necessary,requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation;and all of the acts of said Attomey(s)-In-Fact,pursuant to these presents,are hereby ratified and confirmed. ;- TFiis Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY,effective as of September 24,1986: RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is,authorized to execute Powers of Attorney,qualifying the attomey(s)named in the Powers of Attorney to execute,on behalf of the corporation,bonds,undertakings and contracts of suretyship;and that the Secretary r•or any Assistant Secretary of the corporation be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future wlth respect to any bond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF,INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respective Presidents and attested by their respective Secretaries this 14th day of June,1995. INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY By 0WAV 0.4�1 By �/ ' D e F.Vincenti,Jr. �PANyO �NSUggN D to F.Vincenti,Jr. S President aG 0 FORq p President �Q pPPO q/cc<` t y 4 z' OCT.5 * ATTEST 2 MAR.27 0 y 1967 a U1 1979 � Off/ (IFO\'A O 4/FOa < By_Ae4_U * By Walter Crowell Walter Crowell Secretary Secretary STATE OF CALIFORNIA ) )SS. COUNTY OF ORANGE ) On June 14,1995,before me,C.V.Brink,personally appeared Dante F.Vincenti,Jr.and Walter Crowell,personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)istare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/herAheir signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. WITNESS my hand and official seal. C. V. BRINK Signature COMM.N1036712 n `o?' - NOTARY PUBLIC-CALIFORNIA ORANGE COUNTY W Comm.Exp.Aug.21,1990 CERTIFICATE The undersigned,as Senior Vice President of INDEMNITY COMPANY OF CALIFORNIA,and Senior Vice President of DEVELOPERS INSURANCE COMPANY,does hereby certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked;and furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney,are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine,California,this 22ndday of July ,1996 IINDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY , 0 PP Oq�'P �Qyol�P UOR'00 9� Q G / n . � z i OCT.5 c'++ B — MAR.27 O By L.C.Fiebiger 0 1967 P �� y L.C.Fiebiger U1 1979 a Senior Vice President y/ OF qN� i` Senior Vice President y0 4/F * *