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Home My WebLink AboutRelease of Securities - City Acceptance of Tract No 13722 (P HB CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION TO: CONNIE BROCKWAY, City Clerk � - FROM: GAIL HUTTON, City Attorney DATE: May 19, 1998 gip.... SUBJECT: Tract Nos. 13478, 13722, and 14979 I have reviewed your two memoranda dated May 15, 1998 regarding the above referenced w' _ Tract Maps. . I concur on both issues as to typographical errors and agree that the bonds RZ �- should be released. GAIL HUTTON, City Attorney - : .. '' /k. - Cam' d r < D-''�� 00 �c . l_/[/U/`ill/i. u4rou.�cQa jmplicorres/11 r. C L I u� 110M a AV lA ", ,. '�'�• i N`P Il FRANNFOAT + I I LDT N ►a A 4 J ,Q ,F� 3 ' SPECIFI A - ?�' t1 I— (E-LL(DISTRI E I �� t 0. •PECAR cn X Mcn Don M H-FP2 o h ev he 0 I� CF I O � I � r.Iea Q 'D y 0 NICAW- W �� # C • J ! 0 � R./pQ R2-PD-C2�FP2 n to BSI f�eALTlwac AVE N �j r.f� -FP2 • N '�j2f,:`�.71fi'... .h.e.V" 'SrFCi' �p 9 P .o u cc lRz PD a Fn j nz vo-ci ivt '➢r n'C / 'r -- OrSTsp �/L q �4 •.`' ' o 1 y •R2-PD FP2 #r� 'I'r C '4. B� •P G a4ro 4(i •_:It_n,2 'i ' 'Oh•£o J h °; •� I �V gi�fS!I�tK�:tie "t R2-PD-CrFP2 'sl FCr a DOW TOWV S-ECI�1 FIC P� �"'t' `_ } ; r� 9Q`r sic Ct, ti� .eo . �.�I ..i_;,if`.=.:::::.:ti �DIST ICT 4603 �,+�° I ��' �a.Iww�YJPt � ' R2-PD-CZ FP2 m 3 Mo 'O / '`Y -.Oast_:.vi(-•�; �"w::::::;��'. R2-PD-CZ�FP':: PD-CZ fP2' ? C 9 ,. OO ilk R2-PD-L-FP2 t R2-PD C2 t'r# SoF osA'�• MH-CZ FPZ :.,�, :: ,':Y�+�ltF y. //�p4.c,C kj�Q,� N R2-PD-CZ-FP�''.ae[�rkta p enr•t 2 DOWNTOWN SPECIFIC PLAN _Q \ 015T T i16b FP2Nl • tuft par D iYh FT 13IZZ HUNTINCTON BEACH HUNTINGTON BEACH PLANNING DIVISION Executed in Four (4) Counterparts • 110N I) No M 716 901 00 PitEM Ili M $4 ,590.00 FAITHFUL PERFORMANCE BOND CIT, WHEREAS, the City Council of the City of Huntingt6iii$e'ac 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. s 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 ( $222,_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, 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 b'e 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 for.ce and effect. • Faithful Performance Bond Pag.: 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 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 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 89 as Principal By . r By Amer'can o orists Insurance Company as Surety By JO�-� . . Willi m J.Shupper,Attorney in Fact BY BOND NO. 3SM 716 901 00 The Premium for this Bond is: S4 .S90.00 I V Executed in Four (4) Counter its Bond No-3SM 716 901 00 �emium included in F P Bond LABOR AND MATERIAL BOND C. WHEREAS, the City Council of the City of Huntington geah, 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 , 19__, 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 refefence is made in Title 15 (commencing with Section 3082) of Part 4 of Uivision 3 of Civil Code of the State of California. Now, therefore, said principal and the undersigned as corporate surety, are held firmly bound unto the City of Huntington Beach and all con- tractors, subcontrActors, laborers, materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Proceedure in the sum of One Hundred Fourteen Thousand 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 saw 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 porsnns, comp,-mie5 and corporations entitled to file claims under Title 15 (conimcncing with Section 3082) of Part 4 of Division 3 of . Labgr and i ktarial "pond Page Z the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said agreement or the speci- fications accompanying the same shall in any manner affect its obligations on this bond, and does hereby waive notice of any such change, extension, alteration or addition. IN WITNESS WHEPMF, this instrument has been duly executed by the principal and surety above named, on _,aqua rx 74th lg-LC___. ralifnrn i Resnrts/HasPko Associates , as Principal By: Ame ican Motorists Insurance Company as Suety By: 'am J .Shupper,Attorney in Fact 8y: OFFICE OF THE CITY CLERK CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION Zi HUNTINGTON BEACH »2 TO: Jennifer McGrath, Deputy City Attor ey FROM: Janelle Case, Deputy City Clerk P; nM 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 be released are 3SM7174500, 3SM71714500 and 3SM71710000. (Copies of bonds attached). 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. If you require any additional information, please do not hesitate to give me a call. Thank you for your help. g:follow-up:tract/bondcorr.doc.jc i Council/Agency Meeting Held: Deferred/Continued to: pproved ❑ Conditionally Approved 0'Denied City Clerk's SigrjOure 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 /, 1, PREPARED BY: /'! LES M. JONES !!, Director of Public Works SUBJECT: I RELEASE OF SECURITIES -- CITY ACCEPTANCE OF TRACT NO. 13722 (Pierside Pavilion) [sttemntof Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachments) 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. Fundinq Source: Not applicable Recommended Action: I 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, nr»nA+c ni __ -2- 08126/96 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): I Deny the recommended action. i 4 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 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_ �� •- ^^ •- -•- Attachment(s): City ClerWs. Page 1 Location map 2 Maintenance Bond No. 423172S (On F i l e) LMJ:BPC 0020415.01 4- O8/14/96 7:47 AM TR 13722 - A � sue' QQ\' 41 v� i J�tiv~ cp9� 2 0 0 y�r NOT TO SCALE ATTACHMENT NO. 1 LOCATION MAP CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS 3722 < ?41# ,VzD BY CITY COUNCIL. RE§U ST FOR CITY COUNCIL ACTION L�cIlrY � z� � Date March 20, 1984 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? Yes [ ] New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: j 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; I 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). a 1 • • 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 RCA - FINAL TRACT 13722 -3- (2190d) - I Executq.d in Fc.ur (4) Counterparts• MONUMENT BOND Bond N 3SM 716 902 00 Premium $150.00 L .11 KNOW ALL MEN BY THESE PRESENTS: Der: 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 It 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 are 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, Chapter 4 of the Government Code of the State of California. IN WITNESS WHEREOF, we have execut ed' this instrument this 24th ay of January , 19 89 CaIiforni its/Ha e o Associates as Principal By• --L $y; P ' - America Mo(tori sts I nsu.rance Company an Surety By: Will a J. hupper,Attorney in Fact By: .'.IN-FACT • fornia ss: os Angeles 3nuary 24,1989 _—,.before me,a Notary Public, personally appeared I l l i am J Shuppe r , personally known to me(or proved to me on the basis of ' (evidence)to be the person who executed this instrument as Attorney-in-Fact of merican Motorists Insurance Company , the I n therein named and acknowledged to me that the corporation executed it. ESS WHEREOF,I have hereunto set my hand and affixed ; OFFICIAL SEAL d seal; the day and year stated in this certificate above. PATRICIA A. DOLAN Yus NOTARY PUBLIC-CALIFORNIA = �• LOS ANGELES COUNTY My Commission Expires Feb.S.1991 .................::.::...:::................................i llic. This area for Offical Notarial Seal s Partner of a Partnership) STEWART TITLE 7ALIFORNIA 'JAVII F ORANGE 1 tiiyl SS. TH day of JANUARY sannfrcufconr,nc, 4 WOODS in the year 1— 989 , before me, E. GATI a Notary Public in and for said county and state, personally appeared Personally known to me(or proved to me on the basis of satisfactory evidence) President and pe (or proved to me on the basis of satisfactory evidence)to be the Secretary of CALIF. RES�KT$n j11�1T r(_ INC i that executed the within instrument and personally known to me(or proved to me on the basis of satisfactory ev_ ague he Persons who executed the within instrument on behalf of said corporation,said corporation being :i I.NI o be one of the partners of CALIF 0R I T _g personally I that executed the within instrument,and acknowledged o me that such corporation executed the same as such '1(�ttlt �t such partnership executed the same. unity Ir.ult # 'a1 t,St and and official seal. 8 Orj DANA wmw M)TAWPtmttc-CALIrt>rtNlA aaA►tr>E calmmw as 1 'I DANA WOODS MCi7t SSICIN EV.Nov.te.IM 12f3J 33 Name(Typed or Printed) M i =CALIF RN iss. TYOF dos Angeles i January 30, 1989 before me,the undersigned,a Notary Public in and for ate,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_ a President and Secretary, on behalf ot-___HASEK.O__P_IER_COLONY, INC. f �rporation therein named,and acknowledged to me that said iration executed the within instrument pursuant to its by OFFICIAL SEAL ?oraresolutionof its board of directors,said corporation being KATHLEEN Y. WATANABE n to me to be one of the partners of CALI FORNIA; Notary Public-Csllfornla JIM ESORTS/HASEKO ASSOCIATES = LOSANGMCOUM i 1 partnership that executed the within instrument, and ack- my CM � 2.12M ledged to me that such corporation executed the same as +fit partner and that such partnership executed the same. MESS d and fficial se I at (This area for official notarial seal) N MOTORISTS INSURA COMPANY FAIIII&NEW=111 naTtonaf- lice: Long Grove, IL 60049 1 Pic ✓ER OF ATTORNEY • companies uw 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 Lung Grove, Illinois,clues hereby appoint •.++.+..+►+►+++..*+++.++*+++++s+++++++.++++• William J. Shupper of Los Angeles, California its true and lawful agents)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 rtwoked for and on its behalf as surety, and as its act and j deed: Any and all bonds and undert&kings.*****W 9 N ***** ** *************** I EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bund or undertaking which guarantees the payment or collection of any prumissury note,check,draft or Ietter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth heroin. This appointment may be revoked at any time by the American Motorists Insurance Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said American Motorists Insurance Company as fully and amply to all intents and purposes,as if the same had been duly executed and acknowledged by its regularly elected officers at Its principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 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: i "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-(act,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 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 it meeting duly called and held on the 23rd day of February, 1988: "VOTED,That the signature of the Chairman of the Board,the President,any Vice President,or their appointees designated in writing and filed with the Secretary,and the signature of the Secretary,the seal of the Company and certifications by the Secretary,may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 198H and any such power so execulral,,ealvd and certified wish lespac't to any bond ur undertaking to which it is attached,sh.atl continue to be valid and binding upuo the Cump.any.- In lcslimony Whereof, llhe American Motorises h surmce Company has caused this instrument t e signed and its corporate seal to be affixed by its authorized officers, this___� day of_Qctober Attested and Certified; AMERICAN MOTORISTS INSURANCE COMPANY �� 1j� •~� B Ala F.C.McCullough,Secretary ).S.Kemlxr,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 are respectively as Senior Vice President and Secretary of the American Motorists Insurance Company, a Corporation of the State of Illinois, subscribed to the foregoing instrument,appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed,sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary act for the uses and purposes therein set forth. My commission expires:August 12, 1991 Ruse K.Rayner,Notary Public FM 836-5 7-88 lM PRINTED IN U.S.A. Powor o(Atlnnu•y—lean . 1 CERTIFICATION I, Lee B. McClain, Secretary of the American Motorists Insurance Company,do hereby certify that the attached Power of Attorney dated October 7, $.$ _cm behalf of_W1111am--J-,-Shuppa-Y—o Los An�eles� California is a lrue and correct copy and that the sanae has been in full farce,Intl effect sin(-!the elate thereof and is in full force and effect on Ilse dale of Ihi%c erlific•a1e; and I do further(citify that the%aid I. S. Kemper, III and I. C. McCullough who executed the flower of Attorney a% Senior We President and Secretary respec lively were on Ihv cl.cle of the execuliun of the attached Power of Attorney the cluly cloned Senior Vice President and Secwlary of the American Motorists Insurance C'onapany. IN TESTIMONY WI II:KEnf, I Have I,vreunto.uhscrihecl nay name and affixed the corporal!seal of Iliv American Motorists Insur- ance Company on this 24t day of January , }y 89 Coe,? Lve 0.McClain,Secrelary Thi< Power of Attorney limits the acts of those named therein to the bnnrds and underlakings specifically named therein,and they have no authority to hind the Company except in the manner and to the extant herein stated. 1 i I i i i I I i i it ! I I � BAN MOTORISTS INSURANCE COMPANY �'I" naTr tonac Office: Long Grove, IL 6UO49 1 eotCtlPanle: -iWER OF ATTORNEY ,:now Ali Men By These Presents: y That the American Motorists Insurance Company, a corporation organized and existing under the laws of the State of Illinois,ana i' having;its principal office in Long Grove, Illinois,dues hereby appoint "**44*****��►��s��.��.��.�.• William J. Shupper of Los Angeles, California its true and lawful agent(s)and attorney(s)-in-fact,to make,execute,seal,and deliver during the period beginning with the date of issuance of this power and ending December 31, 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 to make, execute, se.tl and deliver any bond or undertaking which guarantees the p.tyntent or cullection of any prunti>sury now,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 to all intents and purposes,as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 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,bonds anti undertakings,recognizances,contracts of indemnity and other writings, obligatory in the nature thereof,and any such uflicers of the Cumpany 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: 1 "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 cenifica►ions by the Secretary,may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution aclopted by 1 to Executive Committee of the Board of Directors on February 23, 19811 anti any such Iwwer w executed,sealed and ceniiied with retspect to any bund or undertaking to which it is attached,shall continue to be valid and binding upun the Company." In Testimony Whereof,the American Motorists It sunnce Company has caused this instrument t e signed and its corporate seal to be affixed by its authorized officers, this - Mh day of October , 19 n Attested and Certified: _ AMERICAN MOTORISTS INSURANCE COMPANY F.C.McCullough, Secretary J.S.Kemixr,III,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 are respectively as Senior Vice President and Secretary of the American Motorists Insurance Company, a Corporation of the State of Illinois, subscribed to the foregoing instrument,appeared before me this clay in person and severally ! acknowledged that they being therewuo 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 036-5 7-8N IM PRINTED IN U.S.A. Prnwr of Annnu•y—trim t CERTIFICATION I, Lee B. McClain, Secretary of the American Motorists Insurance Company,do hereby certify that the attached Power of Attorney (fated 0ct0. ber_1,T,,__L_q8.8 _()I'hrhalf of_William-Jl--Shuppax oQ Lo _Ap8eles. California is a Irue and correct copy and that the same has het.n in full farce and effect since the(late thereof and is in full force and effect on the date of,INS c►'rtific.11o; and 1 do further(edify that Iht.%aid f. S, Ken►pei, III and 1. C. McCullough who executed the flower of Allo►nvy.►,tienioi W v I'ietii►Ienl and Sv( it-lary iv%pet lively welt.on the dale'of the vxec ulion of Iht..111.1t Iwd Power of Allonury the duly elected Senior Viet.President and Secretary of Iht.An►eric'an Molorists Insuranct.Comp.►ny. IN TESTIMONY WI ll'RC(')f, Wave hereclnto.uhscrihe(d my name•and affixed the eorporaw st.al of Iht.American Motorists Insur- ance Company on this 24th day of January , t g 89 I Loa•0.McClain,Secretary Thk Power of Allorne y limits the acts of(hose. named Iliervin to Ihv bonds and undertakings specifically named therein,and they have no authority.to bind Iht.Company except in the manner and to the extant herein state(]. i i i I it it i I I -t I I I . i .I I .l ,` ..----�"—./ �'c.a s..y a-L• •�/ r e duncii/Hgen�cylVleeting�Held•'` � ....,7 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 6-1-- _ PREPARED BY: LES M. JONES 11, Director of Public Works Awl SUBJECT: V 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. 13473 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): Deny the recommended action. ?Itk.!'f1N17•'Eli i l: �L�3.tE E- t. �r : l t i i. �.�..\ [ .I 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 jdeveloper 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(s): City Clerk's Page Number 1 Location Map 2 Maintenance Bond No. 423171 S (on File ) LMJ:BPC 1109 rb c TR 13478 Q� J��Q cOq D P v 0 NOT TO SCALE ATTACHMENT NO. 1 I LOCATION MAP CITY OF HUNTINGTON BEACH - �— .r-k,T r-,c- of IR1 1r 1v( 4t(C 1 REQUEST FOR CITY COUNCIL ACTION Date March 20, 1989 Submitted to: Honorable Mayor and City Council Submitted by: Paul Cook, City Administrator 1.C. Prepared by: Michael Adams , Director, Community Developme t Subject: FINAL TRACT MAP 13478, BEING A PORTION/ALL OF TEN4r T.IVE:'' % :-; TRACT NO. 13478, AND BONDS AND AGREEMENTS FOR TRACT` 'A- 13478 APPROVED BY CITY. CobRdIL Consistent with Council Policy? [)d Yes [ ] New Policy or Exceptio Statement of Issue, Recommendation, Analysis, Funding Source, Alternative CIT 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. 1/ i G " 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• Not applicable. ATTACHMENTS 1. Area map 2 . Subdivision Agreement 3 . Monument Bond 4 . Faithful Performance Bond 5 . Labor and Material Bond MA:TR: jr RCA - FINAL TRACT 13478 -3- (2191d) �o ULI UL1� 1 CZ E I + oa = , � P � 1 IL VLUJX.A L (DISTRI E 1 30 1t / O� �\ U • CIMIRA x 1 . rt'r �4` MAN rOf M H-FP2 a lu—) (�ocraolr AVE CF b . ��tq CF• ye l-J x�a ��..a' u NICAGO-O AVE Q A2-VD-CZ^FP2 �c �W q �l �? v? (e—.u�IM—OGRE AVE 4 r� a -FP2tj j (` USA _ ly O/ ' YlwCQi1FY•-'.....JIC..a ix Q. rs F 'Yj. c !� (m�D[s rFi j f Rz-ro-cz-vFx ;.:J .�. r. OO �Po� \ at .,•a -_ ATLANTAi TM.°• /t'yt q �' [yL ' �.�>.p � � ;'ytl!x4Y1'::. , .1 R2-PD-CZ-FP2 �G1FIC I �1ZV p•1!C!IgK:::Yli'r. ..•'R2-PD-CZ FP2 TOWV -S P�t� ° ova:-•�c: �DIST ICT*.. ;a .ww c A •. R2-PD^CZ-FP2 m 00 O r •'• .71C..1 .. ..:::Ci�\ �qh kY 01 , �C\��(,00 R2-PD-CZ•FP2" R2-PD-CZ* `` 9C/•� ,�• Ugly Qst SAt•C Ib b ! \l\ :'"[�':::: :....YQQ44C+'•;'. qC // r~' :.; St o�, t o4ir•�+. �. �,' R2PD CZ FP2 R2 PDCj= ��y Sod t OS�•;. MH-CZ-FP2. ai••,`:.:..::�'rrr /�qF/ y�a� yttK...R2-PD-CZ^FP '.M;a�rrma A3 C o pAS� " N •C�'�' \�' b -d DOWNTOWN SPECIFIC PLAN-O s DI57 T A 8D-FP2 •o _ coo FEET Flr 134 7 13 HUNTINGTON BEACH HUNTINGTON BEACH PLANNING DIVISION Executed in Four (Counterparts ,. BOND NMEA& 3SM 717 145 00 PREM UM included in F P Bond LABOR AND MATERIAL BOND WHEREAS, the City Council of the City of Huntington Beach, State of California, and Cal i forn i a 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 T r a c t No . t 3 4 7 8 is hereby referred to and made a part hereof; and WITREAS, 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 Uivision 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 agrcc;nent and referred to in the aforesaid Code of Civil Proceedure in the sum of E i t T u and d Two Hunn d reed h _ dollars d Fo i ves --- ---- - ( $80 , 2 50 . 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 .111 porsnns, comninic3 and corporations entitled to file claims under Title 1S (conunencing 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 I ' ATTORNEY-IN-FACT State of California ss: County of Los Angeles n February 2;;1 9 8 9 , before me, a Notary Public, personally appeared William J . Shueper 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. 4.4ublic SS WHEREOF,I have hereunto set my hand and affixed seal;the day and year stated in certificate above. _ OFFICIAL SEAL PATRICIA A. DOLAN NOTARY PUBLIC-CALIFORNIA 5 i � LOS ANGELES COUNTY ' My Commission Expires Feb.8,1991 I..........w..............w.,,,n,,.,.u,.,,.,..,.,.,,u,..,,.,........,...,,..u..: This area for Offrcal Notarial Seal principal and surety above named, on February 2 n d 19 89 California Resorts/Haseko Associates as Principal I STATE OF CALIFORNIA ►ss. �f / COUNTY OF_ -----.—.--LOS ANGELES--------- --- --- _I r February 9 , 1989 before me,the undersigned,a Notary Public in and for On -- —- -- -- said State,personally appeared_ a`. c ,—_ _ ____ ..personally known to me(or proved to me on the basis CL E ------- E of satisfactory evidence)to be the persons who executed the within instrument as—_— ——— co and Secretary,on behalf of-MSEKO--PIER_.-COLO.N.Y_,- 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 . OFFICIAL SEAL VALARIE BROCKMAN Valarie Brockman is Notary Public-0alltomla LOS ANGELES COUNTY My Omnm.Exp.Sep.a.1988 - Executed in Four (4 ounte rpa its 11C7ti i) No 3SM 717 145 00 PRI."MJUM $3 . 210 . 00 FAITHFUL 1'I;ltl•'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 FebruarV 10, 19 89 and identified as project Tract No , 13478 is hereby referred to and made a part hereof; and WHERF'.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 ,Compai 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 Iiiiitt-d States, fur the payrrivnt 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. Z The condition of this obligation is such that if the above bnded principal, his or its heirs, executors, administrators, successors or assigns, 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 becorne null and void; other%vise it shall be and remain in full force and effect. ` awe Faithful 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 c:hangc, 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 February 2 , 1989 n , before me, a Notary Public, personally appeared I I am uppe r , 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 mer can .Motorlsts 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 :"""""""""""""""""""""FFICI """""""""""""""" OFFICIAL SEAL my official rehe day and year stated in this certificate above. @PATRICIA A. DOLAN NOTARY PUBLIC-CALIFORNIA E LOS ANGELES COUNTY blyCommission Expires Feb.8.1991 Mwrr.uuu w:-=uuuuuuuunu.,nuuuu.....uuwuu...umnuui 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 VALARIE BROCKMAN Valarie Brockman Notary Public-0alltomle LOS ANGELES COUNTY My Comm.Exp.Sep.&IM • AMERICAN MOTORISTS INSURANCE COMPANY nanonat. Home Office: Long;Grove, IL 600-19 t Pic compaies POWER OF ATTORNEY ---- - Know All Men By These Presents: That the American Mcltorkis Insurance Company, a corporation org;aniied and existing;under file laws of the Slate of Illinois,and halving it%principal offi(e ill I ong.;('arOvv, Illinois,(1O(•♦here•by app(nrll • . •. . .•..•e•••• •• . ... . . ..... ... .......... William J. Shupper of Los Angeles, California **************************** its true and lawful agents)and attorney(s)-in-fact, to make,execute,seal,anti deliver during;the period beginning with the date of issuance of this power and en(ling I) •(ember 11, 11)1)0, unlea sooner r(woke(I for and nd on its behalf as surety, and as its act and deed: Any and all bonds and undertakings .****�***************************** EXCEPTION: NO AUTI 10RHY is g;ranied fo make, exact use, %(•,11 .)nd deliver any bond or undertaking; which guarantees the payment or collection of any promissory note,dw(k,(Irafl or letter of credit. This authority dotes not permit the sanle obligation to be•split into two or nlurt•bonds in order to bring each such bond within the - dollar limit of authority as sel forth herein. This appointment may be revoked at any time by the American Motorists Insurance Company. The execution of such bonds and undertakings in puruance of thecae preuanis shall be as binding upon the said American Motorists Insurance Company as fully and amply to all intents and purposes,as if the same had been duly exeCutrd 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. QIs Power of Attorney is executed by authority of a resolution adopted by the Executive Committee of the Board of Directors of d American Motorists Insurance Company on February 23, 19118 all 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, file 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 a};ents and attorneys-in-fact,and to authorize them to execute on behalf of the Company,and attach the seal of the Company therein,bonds and undertaking;.,recognizances,conlracts of indemnity and other writings, obligatory in the nature Ihen•uf,.Ind any such officer of the Company play appoinl agents fur 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 CompanyY and certifications by the Secretary,may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted b llie Executive Committee of the Board of Directors on February 23, Y ry 1988 and any such power so executed,%valed and e ertified with respect to any bond or undertaking;to which it is attached,shall conlinue to be valid and binding upon the Company.- In Testimony Whereof,the American Motorisis''ln►j_.,,urance Company has caused this instrument t e signed and its corporate seal to be affixed by its authorized officers, this— _1Y_t L_(lay of_Q-tober ,Attested and Certified: ::•..e AMERICAN MOTORISTS INSURANCE COMPANY Executed in Four Cognterparts MONUMENT BOND Bond A 3SM 717 1'00 00 Premium $ 1 50 • 00 KNOW ALL MEN BY THESE PRESENTS: That California Resorts/Hase.ko 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 California Resorts/Haseko Associates (Subdivider) an 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 not prior to the recording of said Final Map, in accordance with said map and said rtificate up to but not in excess of the sum of $ 7 , 500 . 00 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 69 l9 Californi a orts/Haseko Associates as Prineipa B ✓ Y� as Partner of a Partnership) STEWART TITLE ` r CALIFORNIA j t ✓��-e-� F ORANGE Ss. Sanctify of Contracl H day of FEBRUARY in the year 1989 ,before me, lrety WOODS ,a Notary Public in and for said county and state,personally appeared GATI personally known to me(o roved to me on the basis of satisfactory evidence) President and GAY L U B L I N E R rsonall (or proved to me on the basis of satisfactory evidence)to be the Secretary ofCALIF. RESORTS IN�f'L INC. that executed the within instrument and personally known to me(or proved to me on the basis of satisfactory ev- �te persons who executed the within instrument on behalf of said co oration,said corporation being personally o be one of the partners of CALIFORNIA RESORTS/H�ASEKO 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. ti OFFICIAL SEAL Jr.. DANAWOODS �ha�cial . PutsLlc-cALIFoeNta ORANGECOl1NTY zc� J!!NJ(S)TARy tSlaN ExP.Nov.te.ts9z DANA WOODS " Name(Typed or Printed) 13 (rnis area for official nourisl scaq r oat Into Anterlcan ntotunsts Insurinct•(:onlpany, 1 corporation o gani,red mid existing tinder the laws of 11). .. having;its principal office In Long t!rove, 1111noi',dot.%ht`rchy apimIllt ....... William J. Shupper of Los Angeles, California **************** **** * ** its true and lawful agent(s)and attorney(s)-in-fact, to make,execute,tidal,and deliver during the period beginning;with the date of issuance of this power and en(ling; December .11, 11)90, unless sooner revoked lair and on its behalf,Is surety, and ,is its act and deed: Any and all bonds and undertakings.***************************�****** 1, i i i i 1 i EXCEPTION: NO AUTI IORITY is granted to make, c•xec111e, tiedl and deliver any bond or undertaking; which guarantees the payment or collection of any promissory note,check,dr.Ift or IeUer of credit. This authority dues not permit the sank obligation to be split into Iwo or more bonds in order to bring each such bond within the dollar limit of authority as scat forth herein. This appointment may be revoked at any time by the American Motorists Insurance Company. The execution of such bonds and undertakijigs in pursuance of these presents shall Ile as binding upon the said American Motorists insurance Company as fully and,imply to all ir)lents and purposes,as if the same"had beers 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 2:1, 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 being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice Prtsidem,or their appointees designated in writing and filed with the Secretary,or the Secretary shalt have the power and authority to,y)point agent.arul,ltturncys in-fact,and to authorize them to execute on behalf of the Company,and attach the seal of the Company thereto,bonds and undertakings,revognizanees,cuntracts of inden)nity and other writings, obligatory in the nature thereof,and any such officers of the Company may appoint agents for acceptance of process:" This Power of Attorney is signed, sealed and certifier!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 hold on the 23rd day of February, 1988: i "VOTED,That the signature of the Chairman of the Board.thc-President,any Vice President,or their appointees designated in writing and filed with the Secretary,and the signature of tilt•Secretary,the seal of they Company and certifications by the Secretary,may he affixed by facsimile on 1 any power of attorney or bond executed pursuant to resolution adopted by Clio Executive Committee�of the hoard of Directors on February 23, 1988 and any such power so executed,sealed and certified with reslx•ct to any bond of undertaking;to which it is attached,shalt continue to be valid and binding upon the.•Company!' In Testimony Whereof,the American Motorists�I surance Company has caused this instrument t e signed and its corporate seat to be affixed by its authorized officers, this l e*tY1_day of_ Dztoher Attested and Certified: r AMERICAN MOTORISTS INSURANCE COMPANY !3y F.C.McCullough,Secretary g,ti.Kemper,111,Senior Vice President crAT'E OF ILLINOiS �5 eKE -4n hereby certify that). S. Kemper, III and F.C.McCullough personally known to me to be the ` for Vice President and Secretary of the American Motorists Insurance Company, instrument,agapearecl before me this day in person and zeverally '► • c•ornorate seal and delivered the said instrument )» e kes and purposes therein set forth. If 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 - _ IT..1,...1....... 71A G']C_G7771 12/13/96 10 $ 213 256 7892 S.Y INS SCVS 0I SURETY INSURANCE SERVICES CO. 7447 NORTH FIGUEROA STREET LOS ANGELES, CALIFORNIA 90041 (213)256.7.100 FAX: (213)256-7892 � a rr" ac a� a -r�Qa FAX TRANSMITTAL 714-374-1557 Date 12/196i_ ---.0 - S r^ To: Connie Brockway, CMC, City Clerk m 71 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 12/1.3/ub a 213 256 692 SURET vS SCVS z v02 ,1 • %r v a! Hr�to CAL i 700 i�) 1I1C, �5�?i F. 2; vu ✓ .+V au!- LL=,XU.'11..:n-�w�-F,ilniw' ,ilgra.�.._. - CITY OF HUNTINGTON BEACH' . I 2000 MAIN STREET CAI,IFQRNIA 92848 OFFICE OF THE CITY CLIERK COW&BROCKWAY CITY CLERK September 13, 1968 H886ko Townhomes, Incmorated ��, - 35 M 18101.von Karmen Avenue, Ste; 100 Irvine, CA 92715 3/4 8sM - 7t '7- t �r•a a . slti. 3�M -7t�- •o� Regarding: Tract Map. No. 13478 rao Thli is to notlfy you that the CI ry ouncll took on on S ptember 3, 1986 to accept the improvements con de or public u No, 13478, and ralessi Bond Not SM 71884100 M 7169O1 nd SM 7166 2Qp1hesecurity ,furnished and faithfu pe ormance, labor and material and monumental respectively; and to accept Maintenance Bond No, 423171% the iecurlty furnished for guarantee .,and warranty of Improvements, Enclosed Is a copy of the Maintenance Bond approved as to form by the City Attorney, Sincerely, Gonnl• Broavay, CMC City Clark CB;ac •• �rlclosurs ' p;Ydlowupl(l�otm�p 80 E 1830 JC A L1 V 213 256 7uy2 SUR INS SCVS [� U3 12i 13iy6 13• _ _.... .. _. GAL ''K.Id.i A i I�iL', ---•!I•�,a l�' 'r, �; CITY OF HUNTINGTON BEACH Jim F1,Ci. 2000 MAIN STRUT CALIFORNIA 92648 OFFICE-OF THE CITY CLERK. . CO"IRBCKWAY CITY CLERK September 13, 1996 Gallfomla Resorts/Hasakp Msoclates "i$101 Von Karma[n Avenue, Ste, 100 ltvine, CA 92718 Regarding: Tract Map No, 13722,'Plerside Pavilion This Is to notify you that the C1ty.Councll took action on September 3, 1996 to accept the improvements constructed and dedicatad for public use with Tract No. 13722, . Pier$Ide Pavilion; and to release Bond Nos. 3SM 71890100, 3SM 71690100, and 3iSM 71690200, tho security furnished for faithful performance, labor and rneterlal and m.onumentA respectively; and to accapt Maintenance Bond No. 423172S; the security fumished for guarantee and warranty of improvements, Mnclosed is a copy of the Maintenance Bond approved as to form by the City Attorney. . •�3lncerely, Connle Brockway, CMC (;tty.Clerk CS;ca ;Enclosure I •R Vdlawupltn►etm�p . 96, Nd 80 Z 61 330 jC A1i", - — (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. 423171 S, 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. flu I dunciUHgertcy,Me'eting=Held,' Deferred/Continued to: Approved ❑ Conditionally Approved ❑ Denied City Clerk's Si ature I 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 �• SUBJECT: / RELEASE OF SECURITIES -- CITY ACCEPTANCE OF TRACT N0. 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): Deny the recommended action. i 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. 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 I 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 c TR 13478 Q� J��Q COq 2 O P O U �J NOT TO SCALE ATTACHMENT NO. 1 LOCATION MAP .Jf � CITY OF HUNTINGTON BEACH DEPARTMENT CF PUBLIC ;^dCR'KS J i _, a r�'cK,4i. i.�(r,�r■fdrrerrer■■....�:+re. Council/Agency Meeting Held: Deferred/Continued to: ' pproved ❑ Conditionally Approved ❑ Denied City Clerk's SigriKure 4k- - I I 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: i, MICHAEL T. UBERUAGA, City Adminlstra PREPARED BY: `'� LES M. JONES II, Director of Public Works SUBJECT: I RELEASE OF SECURITIES -- CITY ACCEPTANCE OF TRACT NO. 13722 (Pierside Pavilion) F 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. 1-3722(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 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. I 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 F i l e ) LMJ:BPC 0020415.01 -4- 08/14/96 7:47 AM A� TR . 13722 - S~ c l • Qti. s � O 2 O O O y�r U �J • NOT TO SCALE ATTACHMENT NO. 1 LOCATION MAP �J J CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS I Jj CITY 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, Connie Brockway, CMC City Clerk CB:cc Enclosure gafollowup\tractmap 1 Telephone:714-536-5227) OTY OF HUNTINGTON BEAR MEETING DATE: September 3, 1996 DEPARTMENT ID NUMBER: PW96-050 Council/Agency Meeting Held: 9-3-no Deferred/Continued to: ' pproved ❑ Conditionally Approved ❑ Denied City Clerk's Sigr64ure 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;�� / fv PREPARED BY: LES M. JONES II, Director of Public Works OR- 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 REQUEST FOR ACTION 0 MEETING DATE: September 3, 1996 DEPARTMENT ID NUMBER: PW96-050 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 Location: 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 REQUEST FOR ACTION 0 . MEETING DATE: September 3, 1996 DEPARTMENT ID NUMBER: PW96-050 Attachment(s): NumberCity Clerk's Page 1 Location map 2 Maintenance Bond No. 423172S (On F i l e) LMJ:BPC 0020415.01 -4- 08/14/96 7:47 AM i TR 13722 l i �4 0 2� 0 tidy NOT TO SCALE ATTACHMENT NO. 1 LOCATION MAP .JJ CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS C:\TR13722 4 I have received the Monument Bond No. 423172S for Tract No. 13722, Pierside Pavilion. 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: California Resorts/Haseko Associates 18101 Von Karman Avenue, Ste. 100 Irvine, CA 92715 qW Now Ir75CcpilC0 MAINTENANCE BOND BOND NO.: 423172S PREMIUM: $ 321.00 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 TWENTY TWO THOUSAND NINE HUNDRED FIFTY N0/100 ($ 22,950.00 ) 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 13722 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. I this 22ND day of JULY 19 96 DEVELOPERS INSURANCE COMPANY HASEKO TOWNHOMES, INC. , a California corporation Principal L BY: " Vir inia M. Louman Attorney-in-Fact 17780 Fitch Irvine,CA 92714 ' Fo ro 7 REV.5/93 (714)263-3300 - u.y 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 acknmv-l- edged to me that he/she/they executed the same in his/ her/their authorized capacity(ies), and that by his/her/ N. AMYX their signature(s) on the instrument the person(s), or the _ COR!; . 51070165 entity upon behalf of which the person(s) acted, executed ` N'stary Pubic—California 57 the instrument. ORANGE COUNTY My Comm. Exp. .Aug.23, 1999 WITNESS my hand and official seal. i^ / Signature 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 PERSOM;S)OR ENTIMIES) ' T)FVFT.0PF.RS INStTRANCE COMPANY SIGNER(S)OTHER THAN NAMED ABOVE ID-081 Rev.6/94 ALL-PURPOSE ACKNOWLEDGEMENT CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.59o7 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) Z personally known to me - f3xesk�txt�> ��xisx® #is#ager�s� to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that 4xK/sedthey executed the same in hj&Ast/their authorized capacity(ies), and that by bt e:t/their signature(s) on the instrument the person(s), WAYNE Z DOAASUKURO' or the entity upon behalf of which the CowA#1017012 person(s) acted, executed the instrument. Notary PubBc—Calf . If LOS ANGEIM COUNN Apy Comm.ExPtres oar"''99 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 0 CORPORATE OFFICER Maintenance Bond 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 Totanhoines, Inc. SIGNER(S)OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION•6236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 i M .11> / POWER OF ATTORNEY OF I MNITY COMPANY OF CALIFOR 'z AND DEVELOPERS.INSURANCE COMPANY N2 321147 P.O.BOX 19725,IRVINE,CA 92713•(714)263-3300 hz�NO.?ICE: 1. All power and authority herein granted shall in any event terminate on the 31st day of March,1999. 2. This Power of Attorney is void lt altered or if any portion is erased. 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 Attomey should not be returned to the Attorney(s)-In-Fact,but should remain a permanent part of the obligee's records. KNOW ALL MEN BY THESE PRESENTS,that except as expressly limited,INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY,do each severally,but not jointly,hereby make,constitute and appoint "*NELL AMYX, JAMES E. MARY, VIRGINIA M. LOUMAN,SHELLEY E. SMITH-BOWMAN,J. LOUGHLIN, JOINTLY OR SEVERALLY"' the true and lawful Attorney(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 Attorneys)-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. This 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 or any Assistant Secretary of the corporation be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached. IN WIfNESS.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 V PANYO By OAU S\NSURgti D e F.Vincenti,Jr. N D to F.Vincenti,Jr. President �G�pP Oqq�, President Q�Q p P O q�cF r r ri 00 i? OCT.5 T ATTEST ?MAR.27 y 1967 a '7 1979 y p 2 �Z (IFOP��P,? 4IFOR� t By it 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.Vncenti,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/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. WITNESS my hand and official seal. �� +N C.V. BRIN11 Si nature COMM.01D36712 9 tea; NOTARY PUBLIC•CALIFORNIA� ORANGE COUNTY W Comm.Exp.Aug.21.1998 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 22nd day of JUlY 199 6 IINDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY ONPANYQF �VNSURq� . � P 0 z`? OCT.5 T Jo=MAR.27 0 By L.C.Fiebiger y 1�i7 a BY L.C.Fiebiger 1979 Senior Vice President �� IF p��P>,``� Senior Vice President yo q/F ti`P